Finding a solicitor

Starbrite

How do I find a solicitor to put my parent’s property into my brothers and mine name or a trust of some sort? 

Thanks 

elsien

Before you start looking at trusts, you need to be clear on the reasons why they are looking at one. Because there is a minefield of misinformation out there and trusts may not achieve what people think they will.  For example, the avoidance of care home fees.

I’m not saying that’s what you’re trying to do just giving it as an example. Either way it loses them all their security so it’s a big step to take. 

Keep_pedalling

If your parents are alive and it is still their home this is a really stupid idea and your parents would be foolish to go along with it.

Brie

If you want to find a solicitor then you could start getting recommendations from friends/colleagues who have been through similar situations.  Get a few names and ring around to find out who might be able to help.

But whether you should put the house in trust is quite a different matter.  

Starbrite

Keep_pedalling said:

If your parents are alive and it is still their home this is a really stupid idea and your parents would be foolish to go along with it.

How would you suggest protecting one’s inheritance from care home costs?! 

Trust was a loose comment, starting to look into it all as my mum is slowly taking a turn for the worse 

marcia_

Starbrite said:

Keep_pedalling said:

If your parents are alive and it is still their home this is a really stupid idea and your parents would be foolish to go along with it.

How would you suggest protecting one’s inheritance from care home costs?! 

Trust was a loose comment, starting to look into it all as my mum is slowly taking a turn for the worse 

 You prefer to protect your inheritance over providing your parents with the best care? 

 What you are suggesting would be investigated by the council as depravation of assets 

elsien

You don’t have an inheritance until they pass away.
 And if there are already signs that they may need residential care in the future, then you are definitely heading into deprivation of assets territory.
Worst case scenario would be that they are treated as if they have the notional capital, ie the assets are still counted for assessment. Even if they are in a trust.

Starbrite

marcia_ said:

Starbrite said:

Keep_pedalling said:

If your parents are alive and it is still their home this is a really stupid idea and your parents would be foolish to go along with it.

How would you suggest protecting one’s inheritance from care home costs?! 

Trust was a loose comment, starting to look into it all as my mum is slowly taking a turn for the worse 

 You prefer to protect your inheritance over providing your parents with the best care? 

 What you are suggesting would be investigated by the council as depravation of assets 

Tbh I know nothing about any of this, all I know is my mum owns her home and when she’s passes wherever that is and I mean this nicely I hope to live there and free up the council flat I have for someone else to have

My brother is disabled and is also in a council flat. 

I would go out and buy my own home but that is impossible due to the cost of them! 

Who knows if my mum will need a care home or do what everyone else in my family has done and drop down dead! 

Keep_pedalling

I would suggest you look up deliberate deprivation of assets. 

Emmia

Your mum's assets in the form of property, cash etc. should first and foremost be spent on her care. 

Anything left over may come to you under the terms of her will if she has one, or intestacy rules, after her death.

sheramber

Starbrite said:

marcia_ said:

Starbrite said:

Keep_pedalling said:

If your parents are alive and it is still their home this is a really stupid idea and your parents would be foolish to go along with it.

How would you suggest protecting one’s inheritance from care home costs?! 

Trust was a loose comment, starting to look into it all as my mum is slowly taking a turn for the worse 

 You prefer to protect your inheritance over providing your parents with the best care? 

 What you are suggesting would be investigated by the council as depravation of assets 

Tbh I know nothing about any of this, all I know is my mum owns her home and when she’s passes wherever that is and I mean this nicely I hope to live there and free up the council flat I have for someone else to have

My brother is disabled and is also in a council flat. 

I would go out and buy my own home but that is impossible due to the cost of them! 

Who knows if my mum will need a care home or do what everyone else in my family has done and drop down dead! 

if she doesn't need care then there is no need to transfer the house as she can pass it to you in her will. You will then be able to move  in and free up your council property just the same.

If she does need care then do you not want her to have the best care she can afford?

  Relying on council funded care can mean  care home miles away from where you live if that is the only place available  and  no extras or little luxuries that a self funding person might get.

If the council consider the transfer was avoid care home fees they will assess her as still having the value of the house and will not fund her care. It would then fall  to whoever owns the house to pay the fee. 

What is more important - your mother getting the best care she needs if required  or you having her house?