Jun
13
Elderly parent going into care – house taken to pay residential fees. (UK only)?
ByAfter living away for 20 years, I now live with my elderly widowed mother (financial reasons!) I also have a non-resident child from a non-marital relationship.
My mother is still sprightly, but is slowing down a lot.She owns her house outright, and I will be the sole beneficiary in her will. What we need to know is:
Since I have no other property to live at, have invested money in upgrading her property, and have been residing here for 4 years, what is the legal position should her health deteriorate to the point that I (and social services) am unable to provide sufficient care in the home environment and she has to go into some form of residential care?
Would my financial input to the property, my length of residence in the house, lack of alternative domicile, and requirement for decent accomodation for the time my child spends with me count for anything?
I dont want to pay a solicitor yet if there is no chance of keeping the house should the worst happen.
Any legal experts?
Putting the house into my name may not be an option, as the government has closed this loophole to stop people avoiding Inheritance Tax. This legal loophole closure may also affect transferring the house to avoid losing it for nursing care costs.
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6 Comments
August 7th, 2009 at 7:05 am
Why not just get your mum to put the house in your name?
August 8th, 2009 at 4:14 pm
the link below should help you, and with such a problem that you have you do need the correct advice. I have been there with my own parents and my wifes and it is a nightmare
August 9th, 2009 at 6:09 pm
the legal position will be that if you are next of kin and there are no living reletavies ie brothers,sisters then the house and contents should come to you, but i would advise that your mum makes a will then things will be clear.
however if your mum needs residiential care then you might have to sell the house to pay the fees unless your mum could afford to pay her own
August 11th, 2009 at 8:06 pm
I believe that if your mother transfers the house into your name, she has to live for 7 years or you will have to pay death duties.
There are fewer and fewer places available in state finded homes these days. It is likely that you would only be offered assistance in your current home.
I suggest you get down to your local Citizens Advice Bureau, they must deal with this often, am sure they can help you.
August 12th, 2009 at 1:36 am
im in very similar situation but my mum is much further down the road to needing to go into a home, she has dementia and its getting very difficult looking after her. i have 4 kids at home and have lived with her 7 yrs. most people say the house has to be sold to pay the fees if the income is not enough – care homes charge about 2500 a month. i had been told that i would be homeless so applied to the council for housing (reluctantly) they were very helpful and said i would get priority as not my fault i was homeless and to let them know the date i would be needing somewhere. however the finance section of the social services who visited me recently said that we can remain here and the council will make up the balance of the fees (about 1500 a month in our case) in the for m of an interest free loan that will be recouped once the house is eventually sol d on my mothers death. i hope they are right, but that will just leave me the problem of paying the expenses for running the house as i have been on income support for 2 yrs looking after my mum and will have to find a job quickly to pay the costs (its a large house so expensive to run). hope this helps
August 15th, 2009 at 6:43 am
If your mother has to go into a nursing home, the council will take the house and sell it to recoup their expenses. But you have a prior claim for any thing you can prove to have paid on the house, plus interest. You can argue that they were loans to your mother on a verbal agreement.
However as you are a dependent relative, you may be able to resist their taking the house, or get security of tenure for life, so go and talk to Citizens Advice.
Note that your mother gifting the house to you will not help, as the council can reverse that within 6 years.