Care Home fees - house sale

poppystar

cooper2021 said:

My issue really was what I should be telling her stepson, and the feeling I have now is that he can find the house price out himself via usual house sale sites - Rightmove etc and as far as her care home fees go, its her business and her business alone.

I would say that you also have a duty of discretion in your role as attorney and actually should not enter into any discussions, full stop. If he asks about the Will you can also say you have no idea of the contents - even as executor there would be no reason why you should know the details while she is alive. She could change that now is she wishes so it’s better he doesn’t know anything at this point. 

Silvertabby

cooper2021 said:

Gavin83 said:

There seems to be an aspect of this story that isn't being told here. I will assume from what you've written that your relative and the stepson don't get on. How/why has he been left the property in the will but not actually be a beneficiary of the will? I'm assuming it was originally his dads house or something along the lines and therefore some agreement was made but I'd be interested in the layout of this.

As a relative with PoA are you a beneficiary of her will?

Does your relative still have capacity?

Gavin83 said:

There seems to be an aspect of this story that isn't being told here. I will assume from what you've written that your relative and the stepson don't get on. How/why has he been left the property in the will but not actually be a beneficiary of the will? I'm assuming it was originally his dads house or something along the lines and therefore some agreement was made but I'd be interested in the layout of this.

As a relative with PoA are you a beneficiary of her will?

Does your relative still have capacity?

They hate each other - no other way to put it. I think her will was based on her deceased husbands wish that his son got the house eventually, although her husbands will left everything to her - no mention at all of the son. Its all a bit touchy.....The house was held jointly by my relative and her husband and passed to her solely on his death. Yes, I am a beneficiary - with two others. And she most definitely has capacity....she has already been speaking to her solicitors regarding the sale of the house and the fact she wants me to deal with it for her - and I already have her POA. 

Then it's her money to do with as she wishes, hopefully on giving her a very comfortable life.  As for her Will, does it state that "1 Acacia Avenue goes to stepson"?  Because my understanding is that if the house had previously been sold, then the legacy fails and stepson jogs on.  Or is she likely to go along with her late husband's wishes, and change her Will to leave X% of her estate to the stepson?


  

Linton

As others have said you have no obligation to give the stepson any information. More strongly , I think you have no right to do so unless agreed by your relative.

badmemory

In fact a change of will now when a solicitor who I believe is obliged to confirm that the person has the ability to know what they are doing would be the best idea, although it may be upsetting for her would save everyone especially if there are specific notes about her mental abilities.  The sooner the better, before it gets to litigation saying you sold the property knowing the probable outcome.

Gavin83

cooper2021 said:

Gavin83 said:

There seems to be an aspect of this story that isn't being told here. I will assume from what you've written that your relative and the stepson don't get on. How/why has he been left the property in the will but not actually be a beneficiary of the will? I'm assuming it was originally his dads house or something along the lines and therefore some agreement was made but I'd be interested in the layout of this.

As a relative with PoA are you a beneficiary of her will?

Does your relative still have capacity?

Gavin83 said:

There seems to be an aspect of this story that isn't being told here. I will assume from what you've written that your relative and the stepson don't get on. How/why has he been left the property in the will but not actually be a beneficiary of the will? I'm assuming it was originally his dads house or something along the lines and therefore some agreement was made but I'd be interested in the layout of this.

As a relative with PoA are you a beneficiary of her will?

Does your relative still have capacity?

They hate each other - no other way to put it. I think her will was based on her deceased husbands wish that his son got the house eventually, although her husbands will left everything to her - no mention at all of the son. Its all a bit touchy.....The house was held jointly by my relative and her husband and passed to her solely on his death. Yes, I am a beneficiary - with two others. And she most definitely has capacity....she has already been speaking to her solicitors regarding the sale of the house and the fact she wants me to deal with it for her - and I already have her POA. 

The fact she has capacity makes this a lot easier. Legally it's her house and her will and even disregarding the care costs she's free to do what she wants with either. Whether she feels morally obliged to her late husband to include the step son in some way is her choice.

You don't clarify this but if the husband brought the house into the marriage or contributed the majority of the costs I could understand why the step son would feel hard done by. However that doesn't change the law.

km1500

if it were me I would ask her what she wants me to tell the stepson

elsien

As above, if she has capacity around what information she wants to share then it’s her decision, regardless of the LPA.
if she’s not able to tell you then what information do you think she would have wanted to share with him if she had capacity? From the sound of the relationship, possibly very little.

SVaz

Her husband should have left his half to his Son with a life interest for her if he really wanted him to benefit.
However it’s her house and she can do whatever she sees fit. 

Savvy_Sue

As she has capacity, I think it would be sensible for her to review her will with a solicitor who can point out what will happen if she sells the house without changing her will. She may feel that selling her house removes her obligation to her husband.

SVaz said:

Her husband should have left his half to his Son with a life interest for her if he really wanted him to benefit.
However it’s her house and she can do whatever she sees fit. 

Indeed, and this would also be something to double check. If husband's will got this right, then the son may yet benefit.