Will problem

troubleinparadise

-taff wrote: »

Doesn't matter if they are adamant. If she intentionally deprives herself of assets, they can recover any monies form A if she gifts it to him now

Doesn't matter if A thinks that, they'll still sell it to pay her costs if she lives long enough that her current finances run out. [unless he's over 60]

The LA (or whomever "they" is or are) doesn't sell the house, the attorney (or deputy) who has legal control of the assets does, in order to pay the care home bill from the resulting proceeds.

Sadly it sounds as though Mum was very poorly advised with her Will - what a can of worms.

securityguy

"The LA (or whomever "they" is or are) doesn't sell the house, the attorney (or deputy) who has legal control of the assets does, in order to pay the care home bill from the resulting proceeds."

See my posting above yours for when this breaks down.

Flugelhorn

securityguy wrote: »

"The LA (or whomever "they" is or are) doesn't sell the house, the attorney (or deputy) who has legal control of the assets does, in order to pay the care home bill from the resulting proceeds."

See my posting above yours for when this breaks down.

Sounds like the poor attorneys agreed to do the impossible with a clause like that in the PoA

Yorkshireman99

The local authority can place a charge on the property and eventually force a sale. However they can't do this if certain classes of resident have the legal right to occupy the property such as a close relative who is disabled. Not a step they take lightly but some LA are very heavy handed.

troubleinparadise

So a thread that illustrates how badly worded Wills and LPAs can cause many problems for executors and Attorneys alike ... keep it simple!

mouse63

A is 55 and fit and able, with the will stating they can live in the property for 3 years after mums death before the house can be sold by the executors.
The POAs have been dealing with mums finances for the past 10 years, with mums consent, she still has the 'legal' mental capacity although in reality it is unlikely that she could cope with her own finances. I think it will be very unlikely that mum will make another will.
From the sound of a lot of responses if mum lives for more that a year and A involves the LA the house will either have to be sold at that time or a charge will be put on the house and then sold when mum does die. So the LA take precedence as it is a debt to the estate. This I understand, would that then mean that A looses their 50% or would they get 50% of what is left after the LA have taken their slice.
Sorry if this is so complicated but we are trying to get our heads round the permutations

Keep_pedalling

mouse63 wrote: »

A is 55 and fit and able, with the will stating they can live in the property for 3 years after mums death before the house can be sold by the executors.
The POAs have been dealing with mums finances for the past 10 years, with mums consent, she still has the 'legal' mental capacity although in reality it is unlikely that she could cope with her own finances. I think it will be very unlikely that mum will make another will.
From the sound of a lot of responses if mum lives for more that a year and A involves the LA the house will either have to be sold at that time or a charge will be put on the house and then sold when mum does die. So the LA take precedence as it is a debt to the estate. This I understand, would that then mean that A looses their 50% or would they get 50% of what is left after the LA have taken their slice.
Sorry if this is so complicated but we are trying to get our heads round the permutations

Leaving it as is is going to be a mess it and could cause a major family rift after her death, she really should take legal advice on this.

Savvy_Sue

securityguy wrote: »

My cousins can't afford to, and for various other reasons do not want to, go to the CoP themselves, and to a certain extent why should they: the estate is ultimately going to be insolvent anyway, so it would be throwing good money after bad.

It's a complete disaster: when the music stops, the house will be sold by the executors for considerably less than it would have fetched as a going concern, and all the money will go to the council, who will also probably chase the estate for more money. I have advised the cousins to decline to be executors, but they aren't as cold-blooded as me, and see it as their responsibility to deal with their mother's bad decisions.

Just these two paragraphs: if the estate is insolvent, then they are going to have a complete and utter nightmare executing the will, which is going to cost them money. If they don't have the money to do anything about the problem now, it's just going to keep on getting worse. For that reason alone going to the CoP now might be worthwhile.

If their mum has advanced dementia, she's not going to know ...

Yorkshireman99

Savvy_Sue wrote: »

Just these two paragraphs: if the estate is insolvent, then they are going to have a complete and utter nightmare executing the will, which is going to cost them money. If they don't have the money to do anything about the problem now, it's just going to keep on getting worse. For that reason alone going to the CoP now might be worthwhile.

If their mum has advanced dementia, she's not going to know ...

If the estate is insolvent how will involving the COP help? Someone will have to pay the COP fees.

Savvy_Sue

Yorkshireman99 wrote: »

If the estate is insolvent how will involving the COP help? Someone will have to pay the COP fees.

Well, what's not clear is whether the estate would be insolvent if aunt died sooner rather than later. The cousins seem intent on executing the will, even if the estate is insolvent. I don't see how waiting for the death helps.