Left house in will but deeds put in siblings name

xylophone

 I signed a hand written letter agreeing the deeds be put in my brothers name. 

But you had no actual interest in the property and were not even joint PoA!

Of course, if the stroke meant that your mother had lost capacity then she could not make a new will.

But if the ownership of the property had been left in her sole name, then (assuming that the property had not been sold to pay for her care), its provisions would have come in effect on her death.

You have not indicated that your mother's  fees are being  met by the NHS under "Continuing Care". 

If they are not, then presumably she was assessed for funding?

Under certain circumstances, the person's home can be disregarded in the means test ( for example if it is occupied by the spouse or a relative aged over 60) - but if this were the case here, then there would have been no need to do anything about the ownership of the property.

This whole business really does seem very odd. Don't you think you should look into what exactly has happened?

John0420

Thanks xylophone, 
I believe she didn't have capacity so I needed to agree to change of deed as I was in the will as beneficiary of half the house, would that make sense? Even if my brother was given power of attorney? Would a hand written note signed by me count for legal purposes? 

Tbh I think I've been fed a list of half truths and not given all the information. Some interesting discussions to be had...

xylophone

You were named as a beneficiary in the will but the provisions of the will could only have taken effect (in respect of the house) had she still owned the property at the date of death.

If your brother had PoA in respect of your mother's financial affairs, then his duty was to deal with her property and finances in her best interest, not in his own or indeed yours!

Below may be worth a look.

https://www.ageuk.org.uk/globalassets/age-uk/documents/factsheets/fs38_property_and_paying_for_residential_care_fcs.pdf

Manxman_in_exile

Did you keep a copy of the "note" you signed?  If yes - what is the wording?

EDIT:  It's probably meaningless as you had nothing to "sign away", but if it was drafted by your brother the wording may shed light on what he's playing at 

elsien

John0420 said:

Thanks xylophone, 
I believe she didn't have capacity so I needed to agree to change of deed as I was in the will as beneficiary of half the house, would that make sense? Even if my brother was given power of attorney? Would a hand written note signed by me count for legal purposes? 

Tbh I think I've been fed a list of half truths and not given all the information. Some interesting discussions to be had...

No sense at all. The will has nothing to do with anything until mum actually passes. 
There is a form on gov.uk where you can check whether there is a power of attorney set up, whether it is for finances and/or health/welfare, or both, and who has been given the power to act on mum's behalf. I suggest you check there and don't sign anything else till you have a clear idea of any implications

https://www.gov.uk/government/collections/searching-our-registers-of-attorneys-and-deputies
Your mum could only have given power of attorney when she had capacity, not afterwards. If she lacked capacity, brother could have applied to be a deputy but that takes months. And he has to action her best interests or if he does have LPA he can be reported to the OPG for investigation.  How long ago was her stroke? 

You may also wish to check what is happening with her bank accounts, pension, any benefits etc. 

elsien

Also to add, if he does appear to be helping himself to her money and assets, this should be reported to the local authority as a safeguarding for financial abuse.

John_

John0420 said:

Advice needed please, recently my mother has had a stroke and been put into a care home. The will leaves the house to my sibling and I - my sibling now lives in the house, and due to financial matters has requested the deeds be transferred into their name, which I have possibly foolishly agreed to. When the will is executed, does this impact my claim?

Thanks 

If your mother is giving the house away then clearly she cannot will it to anyone, as it is no longer hers.

It is incredibly generous that she is doing this, and good of you to forego your inheritance, but please remember that for calculating care home payments she will still be treated as owning it.

Can I ask what sort of trouble your sibling has got themselves into that they need to be gifted an entire house?

John0420

John_ said:

John0420 said:

Advice needed please, recently my mother has had a stroke and been put into a care home. The will leaves the house to my sibling and I - my sibling now lives in the house, and due to financial matters has requested the deeds be transferred into their name, which I have possibly foolishly agreed to. When the will is executed, does this impact my claim?

Thanks 

If your mother is giving the house away then clearly she cannot will it to anyone, as it is no longer hers.

It is incredibly generous that she is doing this, and good of you to forego your inheritance, but please remember that for calculating care home payments she will still be treated as owning it.

Can I ask what sort of trouble your sibling has got themselves into that they need to be gifted an entire house?

Basically ended up in so much debt  ended up selling his house and moved in with mother. Has since given up his job to care for mum, and then a week later put her in a home...

I think I've been a bit of a mug tbh, but it was the last thing on my mind. 

John0420

Manxman_in_exile said:

Did you keep a copy of the "note" you signed?  If yes - what is the wording?

EDIT:  It's probably meaningless as you had nothing to "sign away", but if it was drafted by your brother the wording may shed light on what he's playing at 

It was a fairly basic note, I can't find a copy, sure I took a photo... 

Just said something like "I agree to the transfer of the deeds for (address) into (brothers name)" 

I don't really understand why I needed to do it, unless it was because I was named in the will, otherwise why would it be necessary? 

John0420

elsien said:

Also to add, if he does appear to be helping himself to her money and assets, this should be reported to the local authority as a safeguarding for financial abuse.

At this time I don't think there is any money and the house is where he lives with his kids.