Losing House due to family death..

chloe201392 · 18 June 2019 at 7:58PM

Hi all, I am posting on behalf of my partner as we really are at a brick wall with which way to go next. Apologies in advance if it isnt appropriate for this forum.

My partners Mother died last year, and his father is in a care home with dementia. At the time of her passing there was no will completed so everything including the 2 houses she owns with her husband were transferred to him. As her husband has been in a care home for some time (years), before she died a Power of Attorney was completed by his social worker - POA was given to a trust as opposed to a family member and nobody was aware of this until after she died.

Now, my partner still remains in the family house and continues to pay the bills, maintain the property etc but recently has had an email informing him (from the trust with POA) that they will be selling the property and will 'give him plenty of notice'. This is reportedly to pay for his fathers care home fees. They are also planning on selling the second property which my partners elderly uncle has been resident in 50+ years.

I can appreciate that this is likely the process, however is there anything to say that my partner is entitled to a portion of the sale of the house? And how soon after they sell it is he expected to leave? We are saving for a mortgage but are way off at the moment. And we're really worried that hes going to be turfed out with nowhere to go. Any advice that anyone could give would be amazing as we've not had much luck anywhere else.

Thank you in advance peeps

Robin9 · 18 June 2019 at 9:03PM

As I read this the POA was for your mum. In which case the POA would have ceased on her death.

Who is looking after his Dad's affairs ?

In the event of his Dad's death does her partner have any other siblings ?

Keep_pedalling · 18 June 2019 at 9:40PM

With hindsight your partner’s mother should have converted ownership to tenants in common and made a will.

Your partner should also have applied to the courts for deputyship to take control of his finances, but unfortunately it sounds the LA have stepped in to do it instead.

Would it be possible to meet his care costs if your partner and his uncle paid full market rent for the 2 houses. If his rental income plus pension payments could meet his care costs then there would be no need to sell at the moment.

tacpot12 · 18 June 2019 at 9:44PM

Is the Trust a public body (with a name you can find online), or a private trust with trustees?

How much money is owed and what is the value of each of the properties?

The trust may have kept records to show how the his father's money was managed under the PoA, and may be prepared to release the accounts to your partner. If they are, it would be worthwhile him checking to see if he thinks there has been any mismanagement; a systemic mismanagement might result in a substantial claim against the Trust. Once area to check is whether the Trust charged the uncle living in the other property any rent. If they didn't, there would need to be a very good reason for the Trust not doing so.

Ultimately I expect you will find that the Trust has behaved correctly, and that they are fully entitled to recover all the money owed.

Trust will not be able to sell the property with your partner occupying it - who would buy a property with someone living in it who under no obligation to pay rent? The Trust will evict your partner, and he will have to leave when the court orders him to leave. Then the Trust will sell the property with vacant possession.

The Trust will not allow your partner to rent the property from them, they are not in the business off being a residential landlord.

Your partner could plan to move out voluntarily before eviction, as this will give him some choice about when he leaves.

As there is no will, the proceeds from the sale should pass to the estate which will be divided according to the laws of Intestacy.

Keep_pedalling · 18 June 2019 at 11:41PM

It sounds like both properties were held as joint tenants. in which case 100% of the proceeds go into the trust for the benefit of the widower.

I would think the trust are already in the position of being a landlord, at least as far as the elderly uncle is concerned. Whether he has being paying rent or not he is a tenant and because he has lived there 50+ years this maybe a a protected tenancy in which case, it will not be easy for them to get an eviction.

This is a pretty unusual situation, It might be advisable to to speak to Shelter regarding your partner and his uncles rights.

Millerdog · 25 June 2019 at 6:58PM

I thought that houses couldn't be sold or taken into account for Care home fees if they continue to be occupied by a relative over the age of 60. It may be worth looking in to.

Flugelhorn · 25 June 2019 at 8:04PM

Millerdog wrote: »

I thought that houses couldn't be sold or taken into account for Care home fees if they continue to be occupied by a relative over the age of 60. It may be worth looking in to.

I wondered about that but then thought that maybe as the Uncle's house was as second house then would be some sort of asset of father's which could be realised, not like selling father's main redicence

Losing House due to family death..

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