Mom's House, Dad's House for Kids: Feeling at Home in One Home or Two
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Mom's House, Dad's House for Kids: Feeling at Home in One Home or Two
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If your mother went into permanent residential care at some point, then the value of the home that she lives in would be disregarded in the financial assessment by the local authority as you are a close relative over 60 who already lived in the home and will continue to do so. This is called a mandatory property disregard. We recently lost our mother and my brother was in joint names with her for the house in which they both lived - he is disabled so I have had to quit my job and am now his carer so we are having to save every penny!
Staying in your council home when someone dies - Citizens Advice Staying in your council home when someone dies - Citizens Advice
As your mum owns 50 per cent of the property, which is clearly defined by the tenant in common arrangement, your dad should be able to sell his half to your brother if he wishes and your brother should not have to sell the home if your mum dies.
The value of your mum’s main or only home would not be taken into account for the local authority financial assessment for care provided at home. So my main question really is will the executor (my sister) have to sell the house, or can she, as I believe she may be doing, prevaricate indefinitely, or even simply allow say, a grandchild to live in the house without consulting me. ? Alan - I am sorry to hear of your loss. When you refer to a clause, I'm assuming this relates to a form A 'trustee' restriction which restricts the power of the surviving owner to deal with the land. The normal procedure to remove a restriction which has been entered by default and those acting for the owners did not confirm at the time that it was not required, would be that an application using form RX3 is required. The form RX3 will need to be supported by evidence in the form of a statutory declaration or statement of truth as to the title by the surviving owner or a conveyancer acting on their behalf (in certain circumstances). But yes, the surviving owner can add the name of a beneficiary themselves by way of a Transfer of ownership, for example, to reflect the terms of a trust. A trustee restriction in the register will usually only limit or control the power of the surviving owner(s) to sell the property.
Will Care Home Fees Wipe Out Your Children’s Inheritance?
You might be able to stay in your council or housing association home if the person named on the tenancy agreement dies - this is called succession. If you can stay, it will mean you'll take over their tenancy - this is known as succeeding. It sounds as though your mum was receiving Continuing Health Care (CHC) funding and this has now been removed. You may wish to challenge this if you feel that your mum still has a primary health need. We have information on how to challenge the decision in our When Does the NHS Pay for Care booklet: https://www.alzheimers.org.uk/get-support/publications-and-factsheets/b… I will ask for more time to resolve this matter by asking the HM Land Registry under extenuating circumstances as it appears there may or may not have been, letters sent to the window about the application made by the ex -wife. The tenants in common and percentage share aspect you mention relates to a beneficial ownership and is likely to impact on any future dealings she may have with the property. For example if the register refers to a trustee restriction and she sells or remortgages she will not be able to do so alone. She would have to appoint someone to act with her or, if appropriate. Probate for your late father would not be needed re identifying someone to act with her as it need not be an executor or family member/beneficiary. Katie - the first thing to note is that we register the legal ownership, which was in their joint names it seems. If so then on your Nan's death the legal ownership passed to your Father. The tenants in common aspect relates to their beneficial ownerships, so in effect their share in the property value to put it in it's most basic terms.Some people can rent out their property and use the rental income to cover care fees. This wouldn’t suit everybody, but it could work for some. For tax purposes it is beneficial for me to sell the property myself and use my CGT allowance, hence a transfer into my own name is required. My solicitor is cautioning against this, I believe citing HMRC and land registry issues. My accountant cannot see an issue from the HMRC perspective: we have good reason and an audit trail as to why the transfer is happening. The house they all live in is the same house he brought when he got married to his first wife. According to his widow, his first wife signed over any claim to the house before he had remarried the second time; unsure how this was done. I felt that my husband was changing in that his memory was faultering after he had an anethsetic for a knee replacement, and jumping forward to the future I was worried that should any of us need care, we needed to protect our children`s inheritance. If you were living with the person as if you were married or in a civil partnership, you'll usually have priority over someone who wasn't in a relationship with them.
Mum’s House Dad’s House – Item 295 - ELSA Support
The Money Advice Service has useful information about the different options for self-funders: https://www.moneyadviceservice.org.uk/en/articles/self-funding-your-lon…This relates in part to how we register legal estates. The register records the ownership of the legal estate in the property, not the underlying ownership such has those with an ‘equitable’ or ‘beneficial' interest, for example, under a will/probate. Accordingly, on the death of a joint registered owner, the registered ownership passes to the surviving owner and they generally have power to deal with the property, subject a restriction or other entry in the register limiting their powers. So the form A restriction stays on the register and restricts the power of the surviving registered owner to dispose of the property in recognition of your beneficial interest in any proceeds of sale. I live in a rented council property. I have a chronic condition which is worsening and I am classed as disabled.
What to do when a property owner dies - HM Land Registry
Hi. As you may have already seen, where the property is unregistered, there will be need to register it for the first time - https://www.gov.uk/registering-land-or-property-with-land-registry/register-for-the-first-time. However, while the local authority isn’t allowed to defer more than this amount, this doesn’t prevent them from recovering the full debt when the property is later sold, so unfortunately you aren’t guaranteed to be left with a certain amount from the sale of the property. For example, interest to the local authority may still accrue even when the maximum deferral amount has been reached.
We do not deal with wills/a deceased's estate so you should seek legal advice as to what rights the uncles have and indeed what rights your Father has in such circumstances.
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