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    • meme0506
    • By meme0506 15th Apr 18, 9:51 PM
    • 6Posts
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    meme0506
    Parents house problems
    • #1
    • 15th Apr 18, 9:51 PM
    Parents house problems 15th Apr 18 at 9:51 PM
    Hi looking for some help. Mum is in a dementia care home. My dad is terminally ill and has been given days to live. We have POA for both of them but wondered what happens to the house as it looks like my mum will outlive my dad. There are 2 other children and myself. We know we can't do anythi g about my mum's half of the house but wondered if there was a way of protecting my dad's half. There is a small mortgage outstanding. I think k we are too late for a coicidil to my dad's part of the will and are sure the only other option is deferred payment to the care home. We really don't want to lose the family home.

    Any advise is much appreciated.
Page 1
    • Brighton belle
    • By Brighton belle 15th Apr 18, 10:06 PM
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    Brighton belle
    • #2
    • 15th Apr 18, 10:06 PM
    • #2
    • 15th Apr 18, 10:06 PM
    Do your parents own it as tenants in common (ie they own 50% each) or jointly (i.e they own 100% each)? Have either or both of them made a will and if so and they own it as tenants in common, who have they left their 50% share to?
    I try to take one day at a time, but sometimes several days attack me at once
    • meme0506
    • By meme0506 15th Apr 18, 10:38 PM
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    meme0506
    • #3
    • 15th Apr 18, 10:38 PM
    • #3
    • 15th Apr 18, 10:38 PM
    Hi my parents have 50% each. Their will states that everything goes to whoever passes first and on the death of both it goes to the children.
    • Savvy_Sue
    • By Savvy_Sue 15th Apr 18, 10:42 PM
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    Savvy_Sue
    • #4
    • 15th Apr 18, 10:42 PM
    • #4
    • 15th Apr 18, 10:42 PM
    forgive me being blunt at what must be a horrible time, but what are you planning to do with the family home?

    If you're keen for one or other of you to move into it, nothing to stop that happening as long as Mum's needs are met and as long as anything you do is in Mum's best interests (requirement of the Power of Attorney).

    If you're keen to let it out, nothing to stop that happening, ditto.

    What's unlikely to be in Mum's best interests is having 'the family home' sitting empty for any length of time.
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    • Keep pedalling
    • By Keep pedalling 15th Apr 18, 11:08 PM
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    Keep pedalling
    • #5
    • 15th Apr 18, 11:08 PM
    • #5
    • 15th Apr 18, 11:08 PM
    Sorry you find yourself in this situation. If your father still has mental capacity, he could write a new will leaving his half to his three children, but you mums half will be counted as an asset for assessing self funding, and the only real way to keep the home in the family would be to buy her half out.

    As there are three of you you should not let your heart rule your head. Keeping the house would be fine if you were a single child, but with ownership split 3 ways it Is not very practical, and if any of you have yet to by you4 own home you would be hit by the second home additional stamp duty when buying a home for yourself.
    • Linton
    • By Linton 16th Apr 18, 5:10 AM
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    Linton
    • #6
    • 16th Apr 18, 5:10 AM
    • #6
    • 16th Apr 18, 5:10 AM
    As your mother will own a valuable asset what you cannot do is to somehow get the state to pay her care home charges whilst you make a significant financial gain. Amongst other reasons you would be acting beyond your authority under POA.

    Why do you want to keep the house? If it was not your family home would you want to buy it? There seems no point in keeping it for the memories unless it can do a useful job for your mother and then yourselves.

    There is nothing stopping you keeping the house provided the care costs are paid. You could for example pay the care costs yourself. You could buy the house at a fair market price. You could let it out, though I guess that would not provide sufficient money.
    Last edited by Linton; 16-04-2018 at 5:13 AM.
    • Sea Shell
    • By Sea Shell 16th Apr 18, 6:25 AM
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    Sea Shell
    • #7
    • 16th Apr 18, 6:25 AM
    • #7
    • 16th Apr 18, 6:25 AM
    Hi my parents have 50% each. Their will states that everything goes to whoever passes first and on the death of both it goes to the children.
    Originally posted by meme0506
    Have you checked land registry to double check that? As I would have though it quite unusual for a married couple (assuming they are) of a certain age to have registered ownership as Tenants in common. As I understood it the "default" is usually Joint Tenants unless specifically requested as TiC.

    Would they have had reason to request TiC?
    " That pound I saved yesterday, is a pound I don't have to earn tomorrow "
    • AnotherJoe
    • By AnotherJoe 16th Apr 18, 7:09 AM
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    AnotherJoe
    • #8
    • 16th Apr 18, 7:09 AM
    • #8
    • 16th Apr 18, 7:09 AM
    I suspect 50% each is layman speak for joint, because there's no point being tenants in common and then leaving it to each other.
    • Robin9
    • By Robin9 16th Apr 18, 7:30 AM
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    Robin9
    • #9
    • 16th Apr 18, 7:30 AM
    • #9
    • 16th Apr 18, 7:30 AM
    Are any of the children still living in the parent's home ?

    If no then, when the time comes, you either rent the house out or sell to meet your mum's care costs.

    If yes, then enter into a legal tenancy arrangement with a proper rent.
    Never pay on an estimated bill
    • Yorkshireman99
    • By Yorkshireman99 16th Apr 18, 7:38 AM
    • 4,403 Posts
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    Yorkshireman99
    Have you checked land registry to double check that? As I would have though it quite unusual for a married couple (assuming they are) of a certain age to have registered ownership as Tenants in common. As I understood it the "default" is usually Joint Tenants unless specifically requested as TiC.

    Would they have had reason to request TiC?
    Originally posted by Sea Shell
    There is not really a default as it crucially depends on the circumstances. There is also the reality that many don.t understand the difference between the two sometimes tragically so.
    • getmore4less
    • By getmore4less 16th Apr 18, 8:36 AM
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    getmore4less
    I suspect 50% each is layman speak for joint, because there's no point being tenants in common and then leaving it to each other.
    Originally posted by AnotherJoe
    In many cases what actually happens is a life interest trust

    Which for everything other than assets grabs(eg. care fees) has the same effect as passing the property to the spouse.
    • getmore4less
    • By getmore4less 16th Apr 18, 8:38 AM
    • 32,732 Posts
    • 19,694 Thanks
    getmore4less
    Hi my parents have 50% each. Their will states that everything goes to whoever passes first and on the death of both it goes to the children.
    Originally posted by meme0506
    What do the will say about a life interest?

    Miight be easier to just post the wording.
    • Brighton belle
    • By Brighton belle 16th Apr 18, 3:21 PM
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    Brighton belle
    I suspect 50% each is layman speak for joint, because there's no point being tenants in common and then leaving it to each other.
    Originally posted by AnotherJoe
    ^^^this. It's important you check the accuracy of how they hold the ownership. It would be very odd to hold 50% each as tenants in common and then leave it to each other - negates the whole point of it.
    I try to take one day at a time, but sometimes several days attack me at once
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