Confusion over Tenants in Common and who can own what

Spendless

Won't your Dad have used the same solicitor as your Mum to make his will? 

msb1234

I’m afraid that at some point the local authority will expect your father to be a self funder now that your mum has passed away. The exception would be if you were over 60, or vulnerable. They will be able to see that your father owns half the property and that your mum has died, so will complete a new financial assessment based on this information. 

Keep_pedalling

Heliocentric said:

Keep_pedalling said:

Yes you can transpire your mother’s share to your name, but if his share is falls within the financial assessment for his care costs then your best option If you  is to purchase you father’s share of the house if you are in a position to do so.

Thank you, that's good if I can put it in my name. 

I already had this discussion with the local authority. They asked me to prove that I lived in the house my whole life and they've left it at that. 

I can't afford to buy my father's share, sadly.

You will need probate to be able to do the transfer, has that been obtained yet?

If sounds like the LA has disregarded the house under your father’s financial assessment so you don’t need to worry about that.

Heliocentric

MikeJXE said:

Heliocentric said:

MikeJXE said:

Who has your father left his share to ?

Not 100% sure. I cannot find a Will. He said 'it will be a nice surprise for you' but that's it. I won't be able to find a Will when it comes to it either.

If you have an LPA for him why can't you ask his solicitor ? 

It's not an LPA, it's a deputyship but functions in the same way and my dad doesn't have a solicitor.

Heliocentric

MikeJXE said:

I'm not sure this will help you but 

My daughter's in laws father is selling his flat but he has dementia and his solicitor couldn't get the answer he needed to sign the paperwork.

My daughter in law has an LPA for him but hadn't got it with her 

My daughter in law tried several times to convince the solicitor but no avail until she said why am I here dad ?

He said to sign to sell the flat, that convinced the solicitor to go ahead 

Maybe you should ask your dad in different ways till you get an answer 

Did she always want to sell the flat? I live in the house and I wish to stay here. 

I'm surprised that solicitor was able to go ahead with it as he legally lacks capacity.

Thank you for this tip, though!

Heliocentric

Spendless said:

Won't your Dad have used the same solicitor as your Mum to make his will? 

No. He never did things 'as a family' just by himself.

Heliocentric

msb1234 said:

I’m afraid that at some point the local authority will expect your father to be a self funder now that your mum has passed away. The exception would be if you were over 60, or vulnerable. They will be able to see that your father owns half the property and that your mum has died, so will complete a new financial assessment based on this information. 

He was already contributing to his care through his pension. I have already spoken to them and told them my mum passed away and that I live here. They only asked me to prove that I have been living here all my life. They haven't asked any further questions and they're just sending me the same invoices, so I'm not going to take that side of things any further. I want to live here.

Heliocentric

Keep_pedalling said:

Heliocentric said:

Keep_pedalling said:

Yes you can transpire your mother’s share to your name, but if his share is falls within the financial assessment for his care costs then your best option If you  is to purchase you father’s share of the house if you are in a position to do so.

Thank you, that's good if I can put it in my name. 

I already had this discussion with the local authority. They asked me to prove that I lived in the house my whole life and they've left it at that. 

I can't afford to buy my father's share, sadly.

You will need probate to be able to do the transfer, has that been obtained yet?

If sounds like the LA has disregarded the house under your father’s financial assessment so you don’t need to worry about that.

I have applied for probate online and sent the documents (special delivery) last week so I'm awaiting the verdict on that. Think it might take a while, though.

Thank you for your reassurance. The thought of not being able to live here is scary.