Care Home Fees

CAPPELLA_2

My father died 10 years ago and willed his half of the flat in trust to myself and my sister. My sister then lived with my mother as her carer for 10 years even though she owned a flat nearby. My sister died and my mother is now in a care home. I believe my sisters trust has now become part of her estate which is included in her will which is going through probate. Will the local authority  be able to force a sale of the property in order to realise my mothers estimated beneficial interest. The property is currently empty but Mum has suggested it should be rented to help towards care home fees.

p00hsticks

Who'se currently paying mums care home fees ? The Local Authority or is she still self funding ?

If she's self funding then I would imagine it's up to her how she genrates the income to cover the fees - either by renting out the flat, selling it or by any other means.

Who is inheriting sisters quarter share of the flat ?

Fermion

If the Trust was set up properly then no part of the house should not be part of your sister's estate, but check the precise words of the Trust. Normally these are set up such that you and your sister only have a beneficial lifetime interest. It should be still owned by the Trust. As the Trust still owns half of the property the council can't force the sale of a property that your mother only has a 50% equity stake in. However your Mother is correct that if it is rented out then she will be assessed on 50% of the Net income (after expenses)

CAPPELLA_2

Currently in temporary care so there is a property disregard for 3 weeks and maybe 12 further weeks to sort out how and who will pay.
Re forcing sale of property I'm concerned about Wilkinson v CAO [2000] EWCA civ 88,  which appears to give a perverse decision.

Keep_pedalling

Does you mother have sufficient income including potential rental to meet her care costs? If not what other choice is there than to sell the house to meet the fees? 

If you want your mother to have maximum choice in her permanent care home then she will be better off having full control by fully self funding not being reliant on the LA list of approved ( cheap) homes. 

Albermarle

As above , the council is only interested in your Mothers finances/assets if you are asking them to pay the fees.
If she pays them herself, then they are not interested. 

MallyGirl

questions from the other (duplicate) thread that I have now removed:

Could you clarify?

Your parents were tenants-in-common?

Your father's will created a life interest trust for your mother with you and your sister as remainder men?

What exactly were the terms of the trust?

whatsthenews

CAPPELLA_2 said:

Currently in temporary care so there is a property disregard for 3 weeks and maybe 12 further weeks to sort out how and who will pay.
Re forcing sale of property I'm concerned about Wilkinson v CAO [2000] EWCA civ 88,  which appears to give a perverse decision.

Do you mean your mother is in residential care temporarily, and may go home, or that the residential home she's living in at the moment isn't necessarily the home she'll stay in?
I think the case you mention is completely different to you mother's property which is held in a trust. 
I assume the local authority have asked if your mother's savings / capital exceeds the £23,500 cut off for the LA part or fully funding her residential home placement?
If her assets are below this £23,500 then they'll want to carry out a financial assessment in order to calculate how much they'll contribute. 
Of course they'll take any income your mother has (minus approximately £20 per week for " personal spending" ) to pay towards the fees even if your mothers assets are below the £14k threshold ( where the LA pay all the fees ,minus your mother's income) 

whatsthenews

Keep_pedalling said:

Does you mother have sufficient income including potential rental to meet her care costs? If not what other choice is there than to sell the house to meet the fees? 

If you want your mother to have maximum choice in her permanent care home then she will be better off having full control by fully self funding not being reliant on the LA list of approved ( cheap) homes. 

My experience is that LA's don't only use " cheap " residential homes. My father was recently in a rehabilitation ( I use that term loosely) bed in a residential home run by HC one. Because the Social worker was adamant that he had capacity to decide where he wanted to reside and refused to listen to any of his family,including my mother, and informal carers, until we said we wouldn't/ couldn't  support Dad at home  and we would formally challenge her capacity assessment,  he had to stay there for a week after the 6 week Rehab period ended and his fees were £950 for a small room with only an ensuite toilet and sink.
He's now in another home chosen by us, but one used by the LA. He has a living room and bedroom and a full wetroom in a home with beautiful grounds and the care and food are both far superior. The fees are £100 a week less than the HC one home.