My dad was considering changing his will as my mum is in a care home and he’s thinking any inheritance will just go to the council. If I have POA for my mum and inherited my dad’s half of the house, would I be able to sell it? I don’t want to be lumbered with a house with bills to pay and I’m not sure if POA gives me that authority. Maybe none of this will happen but I’m not sure my mum would have capacity to agree to sell it.
Selling house and power of attorney
- Thread starter jackdog35
- Start date
Is this the situation you are thinking about.
Dad owns the house with mum as tenants in common.
He's intending leaving his share to you.
Dad predeceases mum.
You will jointly own the house with mum
The house will no longer be disregarded.
It will have to be sold to release mum's share for care.
You can sell mum's half using your POA.
Unless the POA stipulate it you should not need court approval.
Discuss a will trust with solicitor when making new will.
Dad owns the house with mum as tenants in common.
He's intending leaving his share to you.
Dad predeceases mum.
You will jointly own the house with mum
The house will no longer be disregarded.
It will have to be sold to release mum's share for care.
You can sell mum's half using your POA.
Unless the POA stipulate it you should not need court approval.
Discuss a will trust with solicitor when making new will.
Ok thanks, he wants to book a meeting with solicitor so I’ll go through it with them. I just don’t like the thought of half owning a property which I can’t sell and bills mounting up
It just seems ridiculous that if my dad was to go before my mum that the council would take everything. We wouldn’t be changing my mum’s will but will certainly check with solicitor
This is the sort of situation that worries me as I don’t want to end up paying utility bills and council tax on a house that I can’t sell. I have poa so it sounds like I wouldn’t be able to sell on her behalf
I have just done all this through a solicitor. The house had to be changed to tenants in common and the new will left my portion in trust for the children and grandchildren with my husband have a lifetime interest so receiving interest on the money but not the capital. I have also been told to do a letter of wishes to go with the will.
I also was told if I sell our house which I will have to do next year to keep paying the top up that another attorney had to act for my husband. I was a bit woolly over whether they then become his attorney or if its just for this issue.
It all sounds complex but I have done it in about 3 months and some of the hold ups were about witnesses and things.
I also was told if I sell our house which I will have to do next year to keep paying the top up that another attorney had to act for my husband. I was a bit woolly over whether they then become his attorney or if its just for this issue.
It all sounds complex but I have done it in about 3 months and some of the hold ups were about witnesses and things.
The problem is I’m not sure my mum has the capacity to understand changing the tenancy of the house
She does not need to have capacity
Joint property ownership
Check if you're a joint tenant or tenants in common. Change from joint tenants to tenants in common, or tenants in common to joint tenants
With joint tenants and dad predeceasing mum the whole property goes to mum outside of any will.
Do not worry about selling the house
Even if she has lost capacity and you own part of the house so that you cannot sign for her using POA, there are ways round it.
If there is no one else on the POA who can sign for her, then you have to get someone who is temporarily authorised to sign for her. I can't remember what they are called or how you get one, which is why I haven't posted before. I had hoped someone would explain this to you, but it is quite standard and the solicitor dealing with the house sale should know how to organise it
Even if she has lost capacity and you own part of the house so that you cannot sign for her using POA, there are ways round it.
If there is no one else on the POA who can sign for her, then you have to get someone who is temporarily authorised to sign for her. I can't remember what they are called or how you get one, which is why I haven't posted before. I had hoped someone would explain this to you, but it is quite standard and the solicitor dealing with the house sale should know how to organise it
Thank you @nitram
@jackdog35 - I hope this has put your mind at rest that you will not end up with a house that you cannot sell
@jackdog35 - I hope this has put your mind at rest that you will not end up with a house that you cannot sell
My husband doesn't have capacity, it isn't a problem. Its just a slow process to work through
The solicitor didn’t seem at all happy to do it without my mum having capacity. He wanted a nurse or doctor to advise him
I’m not sure if your Mum has to agree to it. When I was looking into this more than twenty years ago (so my memory may be adrift) my husband, with full capacity, wasn’t happy with the idea even though I explained why it seemed a good idea. At the time he was suffering with depression and diabetes and it seemed a good idea that if anything happened to me and he ended up in care my half was left to our children.
Our solicitor friend did all the work for us which, as far as I remember, involved me signing a declaration severing the joint tenancy and changing it to tenants in common.
As I say, this was a long time ago and I may be wrong. His Will left everything to me so his half came to me anyway when he died.
Our solicitor friend did all the work for us which, as far as I remember, involved me signing a declaration severing the joint tenancy and changing it to tenants in common.
As I say, this was a long time ago and I may be wrong. His Will left everything to me so his half came to me anyway when he died.
