Setting up a Trust for Property

kidmugsy

woolly_wombat wrote: »

Commiserations on your recent loss Malibusmash.

Might a deed of variation be possible to pass your late father's half of the house to you?

Suggest you seek legal advice.

The problem seems to be that the deceased didn't own half the house; joint tenants own the whole house jointly. So on his death the whole house is automatically owned by his widow. To be able to leave half a house as you wish you must become tenants-in-common. (Naturally the law is different in Scotland.)

Keep_pedalling

On the bright side, as a self funder your mother will have a greater choice if she ever does need care.

The last thing anyone should be planning for is to have to rely on LA funding for care, it's not great for people needing it now and going forward it is going to get worse.

3card

I have recently been through a similar episode.
My Father passed away in Feb 2014 and approx 9 months previous we set up LPA for both my Mom & Dad and while this process was being sorted they asked for their wills to be bought up to date.

Fast forward to 9 months a friend of mine said he 'altered' his Dads will who had passed away to leave his 50% of the house to my friend and his sister (i know understand this was a deed of variation)
I rang the guy that did the LPA's and the wills to discuss this and he said as part of the process he had sorted out the land registry and that Dad's share of the home was left in trust to family members.

My mom's health got worse and in 2015 she had to move into a care home to be looked after. The home was sold and Moms share - 50% - as been paying for her care up to now.

As someone said the benefit of this is that we/she has a choice of which home she can stay in which is some comfort at least

I know the process can eat away at you but from personal experience i can tell you it does get better.

Just another point. I was told once Moms money came through from the sale of the house i could purchase a funeral plan out of the proceeds as this would be an acceptable expense

Good luck with whatever you sort out