Care home fees after inheriting 50% of property

sjl_elbac

Can I just change the word 'strange' to 'grey'. Its a grey area. There have been similar cases. I don't find it strange moving into a property that is 50% mine. I post here for good judgment and because I want it on record, my experience and to help others in their search for answers. I understand that many of you believe that government is king and rule of law is just. But I don't. And I can survive whatever the outcome because I'm simply very strong. Yes physically and mentally. And my mother has paid her way. An Irish hard working girl she deserves the respect that she has earned. You people that think that HMG can now simply take away her house just like that. You need to get a grip. I am a fighter and will happily update you on the outcome. Even if I lose.

elsien

sjl_elbac said:

Can I just change the word 'strange' to 'grey'. It’s a grey area. There have been similar cases. I don't find it strange moving into a property that is 50% mine. I post here for good judgment and because I want it on record, my experience and to help others in their search for answers. I understand that many of you believe that government is king and rule of law is just. But I don't. And I can survive whatever the outcome because I'm simply very strong. Yes physically and mentally. And my mother has paid her way. An Irish hard working girl she deserves the respect that she has earned. You people that think that HMG can now simply take away her house just like that. You need to get a grip. I am a fighter and will happily update you on the outcome. Even if I lose.

It’s not about taking her house away. It’s about her paying for her necessary care. Not HMRC not rule of law not government shenanigans, just your mother paying for the roof over her head and the care that she needs as we will have to do within our means.
I really don’t think it’s us who need to get a grip. Fight it if you feel you have a case, but let’s not get drawn into believing that your mum paying for her own care is unfair or some sort of battle for justice. No one is trying to take away  your and your  daughter’s 50% and you’ve had some suggestions with regards to mortgages etc. to be able to stay where you are.
There isn’t  a magic money tree to pay the huge social care bill in this country. Our system is broken. but at least your mother is able to get care and isn’t reliant on family to look after her, unlike other countries. 

Keep_pedalling

sjl_elbac said:

Can I just change the word 'strange' to 'grey'. It’s a grey area. There have been similar cases. I don't find it strange moving into a property that is 50% mine. I post here for good judgment and because I want it on record, my experience and to help others in their search for answers. I understand that many of you believe that government is king and rule of law is just. But I don't. And I can survive whatever the outcome because I'm simply very strong. Yes physically and mentally. And my mother has paid her way. An Irish hard working girl she deserves the respect that she has earned. You people that think that HMG can now simply take away her house just like that. You need to get a grip. I am a fighter and will happily update you on the outcome. Even if I lose.

The responses that you have been given on here are based on facts and the contributors real world experiences, and I doubt any of us think HMG is king. Some of us are also looking at us possible ending up in care and taking steps to minimise the possibility of ending up in over my dead body grange. Many of us are living in homes that we paid a fraction of there current value and that wealth was obtained with little work required.

As your mother’s attorney you have the responsibility to act in her best interests, but based on your last post it now seems clear that rather than do that you are preparing to fight to protect your potential inheritance instead. You have a simple solution in that you can buy out your mother’s share (and so far you have not indicated you can’t afford to do that) to fund the best possible care she can get at the most vulnerable time in her life.

Malthusian

sjl_elbac said:

I am a fighter and will happily update you on the outcome. Even if I lose.

Doubt it.
Best of luck to your mother.

sjl_elbac

Yes I understand my responsibilities as a father, husband and son and I have to take all the issues into account. 
There is no point virtue signalling. Its about the details.
Most people I talk to are in agreement that people shouldn't have to sell their property to pay for care.

It's not about acting in mothers best interest which I obviously do. It is about moving through the experience and taking the right decisions so that we are all happy with the outcome.

I have read that some Local Authorities would even disregard the property in this situation and it just depends on the LA. 

This excerpt was taken from a solicitors website: 
When Betty goes into care, her assets for means assessment purposes will include her own share of the home, but not the share held in John’s Will trust (because that doesn’t belong to her). Hence the share in the Will trust will be protected for the children. Also, the value of Betty’s share of the home for means assessment, is likely to be significantly lower than 50% of the total property value, because it’s the market value of the share that is assessed. The market value of a half share is likely to be much lower than 50% of the whole value, because a half share on its own will be much less marketable.

The Local Authority has basically washed their hands with my case and have left the carehome company to me up for the money.

I have told the company that we aren't in a position to sell and so I am waiting for the LA to get in contact with me.

lisyloo

sjl_elbac said:

Can I just change the word 'strange' to 'grey'. Its a grey area. There have been similar cases. I don't find it strange moving into a property that is 50% mine. I post here for good judgment and because I want it on record, my experience and to help others in their search for answers. I understand that many of you believe that government is king and rule of law is just. But I don't. And I can survive whatever the outcome because I'm simply very strong. Yes physically and mentally. And my mother has paid her way. An Irish hard working girl she deserves the respect that she has earned. You people that think that HMG can now simply take away her house just like that. You need to get a grip. I am a fighter and will happily update you on the outcome. Even if I lose.

Still not sure what you mean about grey.
no one is making moral judgements here.
the law in England (assume you are) is that she need to pay for her personal care and she owns half a house that she’s not living in.
it seems fairly straightforward in law to me.
in practice it isn’t straightforward because you can’t sell half a house only a whole house and several of us have said we feel the local authority would almost certainly prefer to cooperate than enforce their legal rights as it’s expensive to do so.

Silvertabby

sjl_elbac said:

Yes I understand my responsibilities as a father, husband and son and I have to take all the issues into account. 
There is no point virtue signalling. Its about the details.
Most people I talk to are in agreement that people shouldn't have to sell their property to pay for care.

It's not about acting in mothers best interest which I obviously do. It is about moving through the experience and taking the right decisions so that we are all happy with the outcome.

I have read that some Local Authorities would even disregard the property in this situation and it just depends on the LA. 

This excerpt was taken from a solicitors website: 
When Betty goes into care, her assets for means assessment purposes will include her own share of the home, but not the share held in John’s Will trust (because that doesn’t belong to her). Hence the share in the Will trust will be protected for the children. Also, the value of Betty’s share of the home for means assessment, is likely to be significantly lower than 50% of the total property value, because it’s the market value of the share that is assessed. The market value of a half share is likely to be much lower than 50% of the whole value, because a half share on its own will be much less marketable.

The Local Authority has basically washed their hands with my case and have left the carehome company to me up for the money.

I have told the company that we aren't in a position to sell and so I am waiting for the LA to get in contact with me.

So have these 'most people' offered to pay for your mother's care themselves?  Because that is what you seem to be expecting - that other people pay.

sjl_elbac

Silvertabby said:

sjl_elbac said:

Yes I understand my responsibilities as a father, husband and son and I have to take all the issues into account. 
There is no point virtue signalling. Its about the details.
Most people I talk to are in agreement that people shouldn't have to sell their property to pay for care.

It's not about acting in mothers best interest which I obviously do. It is about moving through the experience and taking the right decisions so that we are all happy with the outcome.

I have read that some Local Authorities would even disregard the property in this situation and it just depends on the LA. 

This excerpt was taken from a solicitors website: 
When Betty goes into care, her assets for means assessment purposes will include her own share of the home, but not the share held in John’s Will trust (because that doesn’t belong to her). Hence the share in the Will trust will be protected for the children. Also, the value of Betty’s share of the home for means assessment, is likely to be significantly lower than 50% of the total property value, because it’s the market value of the share that is assessed. The market value of a half share is likely to be much lower than 50% of the whole value, because a half share on its own will be much less marketable.

The Local Authority has basically washed their hands with my case and have left the carehome company to me up for the money.

I have told the company that we aren't in a position to sell and so I am waiting for the LA to get in contact with me.

So have these 'most people' offered to pay for your mother's care themselves?  Because that is what you seem to be expecting - that other people pay.

This site is called 'money saving expert', right?

sheramber

sjl_elbac said:

Silvertabby said:

sjl_elbac said:

Yes I understand my responsibilities as a father, husband and son and I have to take all the issues into account. 
There is no point virtue signalling. Its about the details.
Most people I talk to are in agreement that people shouldn't have to sell their property to pay for care.

It's not about acting in mothers best interest which I obviously do. It is about moving through the experience and taking the right decisions so that we are all happy with the outcome.

I have read that some Local Authorities would even disregard the property in this situation and it just depends on the LA. 

This excerpt was taken from a solicitors website: 
When Betty goes into care, her assets for means assessment purposes will include her own share of the home, but not the share held in John’s Will trust (because that doesn’t belong to her). Hence the share in the Will trust will be protected for the children. Also, the value of Betty’s share of the home for means assessment, is likely to be significantly lower than 50% of the total property value, because it’s the market value of the share that is assessed. The market value of a half share is likely to be much lower than 50% of the whole value, because a half share on its own will be much less marketable.

The Local Authority has basically washed their hands with my case and have left the carehome company to me up for the money.

I have told the company that we aren't in a position to sell and so I am waiting for the LA to get in contact with me.

So have these 'most people' offered to pay for your mother's care themselves?  Because that is what you seem to be expecting - that other people pay.

This site is called 'money saving expert', right?

Money saving by getting taxpayers to pay for  the care?

Spendless

sjl_elbac said:

Yes I understand my responsibilities as a father, husband and son and I have to take all the issues into account. 
There is no point virtue signalling. Its about the details.
Most people I talk to are in agreement that people shouldn't have to sell their property to pay for care.

It's not about acting in mothers best interest which I obviously do. It is about moving through the experience and taking the right decisions so that we are all happy with the outcome.

I have read that some Local Authorities would even disregard the property in this situation and it just depends on the LA. 

This excerpt was taken from a solicitors website: 
When Betty goes into care, her assets for means assessment purposes will include her own share of the home, but not the share held in John’s Will trust (because that doesn’t belong to her). Hence the share in the Will trust will be protected for the children. Also, the value of Betty’s share of the home for means assessment, is likely to be significantly lower than 50% of the total property value, because it’s the market value of the share that is assessed. The market value of a half share is likely to be much lower than 50% of the whole value, because a half share on its own will be much less marketable.

The Local Authority has basically washed their hands with my case and have left the carehome company to me up for the money.

I have told the company that we aren't in a position to sell and so I am waiting for the LA to get in contact with me.

What people cos if it's Fred down the pub and Jenny who works in the local shop with an 'oooh no you shouldn't have to do that' then they are opinions. You've been told by several people on here what the facts are. If your Mum has assets above £23,250 (which she does since she owns half a house) then she has to pay for her care 

You haven't explained why you aren't in a position to sell - not wanting to won't be a reason.