Left house in will but deeds put in siblings name

John0420

elsien said: How long ago was her stroke? 

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

The stroke was in September. I believe my brother has control of all bank accounts etc. 

xylophone

 I believe my brother has control of all bank accounts etc. 

Were you actually in touch with your mother before your brother came to live with her?

Did she indicate that she had given him PoA?

And I simply cannot understand how a solicitor would advise your brother to transfer his mother's house into his own name.

Has he also transferred her other assets into his own name?

You really do need to check what on earth is going on.

John0420

xylophone said:

 I believe my brother has control of all bank accounts etc. 

Were you actually in touch with your mother before your brother came to live with her?

Did she indicate that she had given him PoA?

And I simply cannot understand how a solicitor would advise your brother to transfer his mother's house into his own name.

Has he also transferred her other assets into his own name?

You really do need to check what on earth is going on.

The only asset is the house and there's a couple of grand debt as well. I've been in touch with mother all the time, but I believe they put PoA into my brothers name, or were trying to. I'll ask some questions. 

-taff

I think he's pulling a fast one. There's no need ot put the house in his name, mention in the will or no, In fact, it's best NOT to put it in his name from all angles except his own. He profits. You do not. But as I said, the care home fees will still have to be paid and they will force a sale if necessary. I doubt he contacted a solicitor, he just thought it was a good idea for him.

John_

John0420 said:

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. 

Don’t beat yourself up about it, but I think that you do need to find out exactly what’s gone on here, and if her will has been changed. If he has power of attourney then it sounds pretty suspicious that he’s helped himself out like this.

I think that you need to get all of the facts straight, ask them what is going on, and then consider taking proper legal advice.

elsien

John0420 said:

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. 

The money she should have coming in - depending on how old she is, her pension(s) and attendance allowance? 

John0420

elsien said:

John0420 said:

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. 

The money she should have coming in - depending on how old she is, her pension(s) and attendance allowance? 

My brother has control of all this, I need to find out where its going. Thanks for the advice guys, I need to get some facts together, obviously. 

Manxman_in_exile

Sorry to push you, but are you actually sure that your brother has Power of Attorney?  It's just that you seem very uncertain about some of the pertinent details.  eg " I've been in touch with mother all the time, but I believe they put PoA into my brothers name, or were trying to."  If I were you I would have expected to have been told if your mother had granted PoA to your brother.

Others will know better than me, but I thought that close relatives were given the opportunity to object to proposed Powers Of Attorney.  I may be wrong.  [EDIT:  Think I am wrong.  I'm thinking of the need to notify people when registering the PoA - and that's only people already mentioned in the PoA]

frayedknot

I very much doubt if the brother has power of attorney or any legal right to be spending/transferring your mother's assets. He has no legal knowledge ( hence the hand-written note to transfer a part of a house you don't even own) and  no solicitor would transfer the house to him without your mother's consent, (and probably not then if he knows she's in a care home). He has probably lied to the council financial assessment officer and told them the house is his. He's a greedy desperate spendthrift on a one-way trip to financial disaster. You have 2 choices; sort the fool out or stand well back!

xylophone

If he does not have PoA and has gone ahead and transferred your mother's home into his own name  then surely there is the question of offences having been committed?

And you have signed a letter agreeing that he should do this?