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if no will but deceased parent wants to give property to children and wife right to live in property

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Comments

  • Malthusian
    Malthusian Posts: 11,055 Forumite
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    edited 26 April 2023 at 2:17PM
    With regard to owning rather than living, it's sort of moot the right to live there protects the mother long term and also preserves the asset for future generations. 
    What about preserving the asset for the current generation?
    It certainly is not moot. As previously discussed a life interest trust does not protect the mother as much as outright ownership. The OP has not indicated that there is any concrete threat to the ability to pass the asset down the family (such as the mother not being the children's biological parent or being incapable of handling money).
    Would you give all your own assets into a trust for your children and keep only a right to the income for your lifetime?
    If the father owns the property in his sole name it would be a very good way to prevent the assets from being eaten away by care home fees at a later date

    The OP has not given any indication that they are prepared to throw the mother into Overmydeadbody Grove in the hope that the taxpayer will boost the children's inheritance.

  • Sarahspangles
    Sarahspangles Posts: 3,204 Forumite
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    As the OP is now posting in the Deaths Funerals and Probate forum I guess this thread should close?
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  • F37A
    F37A Posts: 333 Forumite
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    As the OP is now posting in the Deaths Funerals and Probate forum I guess this thread should close?
    Thanks - yes this should close now. The property will be passing to my mother and we will look at next steps after funeral.
  • Sarahspangles
    Sarahspangles Posts: 3,204 Forumite
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    edited 28 April 2023 at 1:41PM
    Sorry to hear that your father passed away F37A.
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  • F37A
    F37A Posts: 333 Forumite
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    Sorry to hear that your father passed away F37A.
    Thanks. Have booked the funeral. Lots to get through now. Life is so short make the most of it is what i would say.
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