I've been looking after my mother for a year now. I found her at her friend's hone qhwre her son left her in an awful condition hallucinations with poor health. From walking to bed since November. Now in hospital and talking about Care Homes. Through social services I've learnt my childhood home/my mother's home has been taken by her elder son. Deeds confirm this from March 2020 since my father passed. Since then medical records confirm memory loss and health concerns. He left her alone and isolated and band all family to enter that home. I now have power of attorney and want to get her home back to fund her care. Not sure where to start.
Mother home registered to another
- Thread starter population11
- Start date
Hello and welcome to the site.
Difficult one call, did dad leave the house to your brother in his will and give mum a lifelong beneficial interest to remain, some people do this to avoid care home fees I understand.
Possibly when dad died mum signed it over to your brother in the same way.
If the wills were all drawn up by a solicitor they would have to deem the will maker to have capacity and not be acting under duress.
Sad when families fall out, trust me. K
Difficult one call, did dad leave the house to your brother in his will and give mum a lifelong beneficial interest to remain, some people do this to avoid care home fees I understand.
Possibly when dad died mum signed it over to your brother in the same way.
If the wills were all drawn up by a solicitor they would have to deem the will maker to have capacity and not be acting under duress.
Sad when families fall out, trust me. K
If your father left the house to your brother there's nothing you can do. However... it would be a very odd situation for a wife not to automatically inherit the house when her husband dies. Your father could have left his half of the house to your brother in his will but the law states you cannot disinherit a spouse.
Which should mean your mother still has some financial interest in the property. Seek legal advice and try to find out what was left to who in your father's will.
Which should mean your mother still has some financial interest in the property. Seek legal advice and try to find out what was left to who in your father's will.
A will proved by probate is a public document
You can use this service to:
- search for a probate record in England and Wales
- check if probate has been issued
- check the type of probate issued
- order a copy of a probate record (including a will, if there is one)
https://www.gov.uk/search-will-probate .
Thank you for your time and advice. When my mother had capacity she confirmed the home was in her name after my father passed. I'm unable to get the Wills. I found the solicitor who wrote the Will and he confirms I have no right to have copies. Probate has not been facilitated either.
Thank you for your time to reply. My father left a Will and both my father and mother had mirrored Wills. Unable to get them as the solicitor refused as I'm not on the Will. I even found the executors of the Will and they were my fathers solicitors who have also refused.
Go back to that solicitor and present your Power of Attorney. This gives you the legal right to act in your mother's best interests and that would include determining what her assets are. If the solicitor objects, mention putting in a complaint to the Law Society because he/she is being obstructive and denying you and your mother your legal rights.
You have the law on your side, so insist!
I am just changing my will to ultimately benefit my children if I die before my husband who has dementia and parkinsons. I am making a trust for my husband to be supported from the interest from my half of the house. My solicitor said it was essential that there was provision for a spouse.
I'm aware there have been some recent court cases about this, but it isn't definitive and you might want to seek a second opinion on this.
Hmmm @population11
So, your parents had mirror wills, the probate for your fathers will has not been facilitated and now the deeds for the house are in your brothers name
Sounds very dodgy to me
When your mum has a financial assessment for care home fees I should think that the assessor will think that is dodgy too and would investigate your brother for possible deprivation of assets
So, your parents had mirror wills, the probate for your fathers will has not been facilitated and now the deeds for the house are in your brothers name
Sounds very dodgy to me
When your mum has a financial assessment for care home fees I should think that the assessor will think that is dodgy too and would investigate your brother for possible deprivation of assets
Thank you for your reply. It's been exhausting I'm hoping the assessor will pick this up as I will go ahead and give my mother's address regardless.
Thank you for your reply. It's been exhausting I'm hoping the assessor will pick this up as I will go ahead and give my mother's address regardless 🙏
Thank you and yes Law of Society! Even talking about ways forward is helpful. Much appreciated x
Similar threads
