Help with house sale and paying for Care home for mum

Greengirll

Hi, Im new here hoping for some help with a question regarding inheritance and care costs. Mum had dementia, dad died this year and she moved into care home privately funded. Dad changed will on deathbed to split his inheritance between me and mum until she dies and changed property into tenants in common on solicitors advice. We are now at the stage of selling home. The proceeds of sale will be 50/50 mum and me. Question is, if the money runs out before the 7 year rule and she has to be funded by the state would I need to give my half back to pay for care?

Flugelhorn

As it was TiC  then only the 50% that is hers can be used for care home fees, the remainder does not belong to her 

elsien

No. Your share left to you in dad’s will remains yours and would not be taken into account in the financial assessment. 

I think you’re getting confused with the seven year rule though  because there isn’t a seven year rule with regards to care home funding.
The seven years is a tax thing, which is entirely different.

FlorayG

The 7 year rule anyway only applies to gifts (given before death), not inheritance after death, and is only applied when the gifter dies

Brie

The local authority may want to see the paperwork about your dad's will if they suspect there's something odd about it.  But having the solicitor involved might reassure them.  

Ultimately as others say - your mom owns only 50% of the house so that's all that she has to pay for care fees before the LA takes over.  That said they may decide she's in too expensive a place for them to support and then you may decide you want to sub her care - which would be completely your choice, not an obligation.  The LA will likely ask you to pay for things as sometimes people will.  But you don't have to.  When it gets to that point discuss it with them and check out where they are happy to pay for mom to be. If you're happy with that, then fine.  MiL was in a care home and it was really quite lovely, with great staff but not all homes are the same of course.  

Greengirll

thank you everyone so much 

Keep_pedalling

Do you have power of attorney for your mother? If not you are going to have to apply for deputyship to be able to sell the house.

Greengirll

Keep_pedalling said:

Do you have power of attorney for your mother? If not you are going to have to apply for deputyship to be able to sell the house.

Yes, thats just come through, hence moving towards selling the house

Savvy_Sue

Make sure mum is assessed and reassessed as required for Continuing Health Care. If mum's needs are very high / her dementia worsens, it may be that the NHS should be paying. It's a high bar ...