Hope, I can make myself understood?, My mother was in a care home, sadly, she passed away last month, but, because of the cost of the care home, we had to put her house up for default payment's, but my brother still and always has lived in the house, and we don't want to make him homeless, by selling the house, my mother worked ALL her life, and never got a penny in any think benefits, only to be cut down with vascular altzimers and dementia, now we have a big Bill from the LA, basically what my mother owes them, do we have to pay this back in one lump sum, or in essence, we try and re buy the house back, stressed and very anxious over all this?
Care cost, deffered payments
- Thread starter Pmullen
- Start date
hello @Pmullen
a warm welcome to DTP
my condolences on the loss of your mother
I have often wondered what exactly happens in this situation … I believe the LA will be expecting the property to be sold and the charge repaid, as that is the deferred payment agreement as I understand it … however, it may well be worth contacting them and discussing some regular repayment method
might family be able to together repay the charge and yourselves take a regular repayment from your brother
I assume your brother is under 60 and has no disability, as that could have been a reason for the property to be disregarded in the financial assessment for your mother's care
a warm welcome to DTP
my condolences on the loss of your mother
I have often wondered what exactly happens in this situation … I believe the LA will be expecting the property to be sold and the charge repaid, as that is the deferred payment agreement as I understand it … however, it may well be worth contacting them and discussing some regular repayment method
might family be able to together repay the charge and yourselves take a regular repayment from your brother
I assume your brother is under 60 and has no disability, as that could have been a reason for the property to be disregarded in the financial assessment for your mother's care
The legal situation is that the house should be sold and the LA charge on the house repaid either on date of sale or 90 days after your mother's death whichever comes first.
The LA have discretion to extend the 90 days because of reasonable sale/probate difficulties. Coronavirus obviously means this discretion is used, maybe even forced.
The house is now owned by whoever inherited it from your mother either by will or rules of intestacy and the owner(s) will be responsible for paying the LA for the charge to be removed - not sure if this is incrementing until repayment.
As said the LA may agree to some form of instalment payment.
Assuming there were multiple beneficiaries you need to decide how you want the house to be owned and how repayment of the charge is going to be divided, it could be worth taking legal advice on your options.
The LA have discretion to extend the 90 days because of reasonable sale/probate difficulties. Coronavirus obviously means this discretion is used, maybe even forced.
The house is now owned by whoever inherited it from your mother either by will or rules of intestacy and the owner(s) will be responsible for paying the LA for the charge to be removed - not sure if this is incrementing until repayment.
As said the LA may agree to some form of instalment payment.
Assuming there were multiple beneficiaries you need to decide how you want the house to be owned and how repayment of the charge is going to be divided, it could be worth taking legal advice on your options.