Dad died, mum in care - what happens to their house?

[Confused12]

Hi, I posted a thread when my dad died but this is a more specific one that I could really do with some answers for please if you can help?

Mum - in care since July 2012, frontal temporal dementia.

Dad - died suddenly of a heart attack Dec 2012. Was living in the married home alone since my mum went into care.

I did the tell us once service when we registered his death which is supposed to informed the local council and social services - I've heard nothing since from anyone.

My dad made a will, august 2011. Severed the joint tenancy with my mum and had the house they owned split into two 50/50 shares making them tenants in common. He made me sole executor and trustee for his will, I am an only child. The solicitor confirms that I will own Whatever he did, ie making me joint owner of the house with my Mum.

I have no idea who I am supposed to tell about the ownership of the house, if anyone and I'm getting myself stressed because I'm scared someone will.come along demanding the house to pay for care home fees while I'm trying to get over the shock and hurt of losing my dad so suddenly.

I've been on loads of websites which seem to say if I own 50 per cent of the house it may nd disregarded. Can anyone advise me please of who I have to inform and what might happen?

We had a social worker for my.mum but he was useless and didn't get in touch after she went into care. I'm currently in the process of applying to the court of protection as we didn't have power of attorney for my mum.

thanks, V

 

[horserider100]

hello

hi i think you need to lose the stress of this so i advise you seek legal help. ie solicitor or lawyer. if you can not afford this go to citizens advise . they may be able to offer free help. hope this helps. yours john.

 

[Saffie]

Is your mother self-funding or being part-funded by the SS?
If the latter and you have informed them of your father's death, I would leave it at that until they come calling. However, I can well believe that you must be feeling very stressed as to lose your father so suddenly on top of your mother going into a nursing home, is very sad and upsetting for you and I send you my deepest sympathy. This worry on top isn't going to help you so perhaps you should contact the SS yourself to make sure they have actually received the notification about your father.

I can only speak thinking of what I would be inclined to do as I hate waiting and worrying and would prefer to get things into the open and sorted out. You may not be like that. I don't know how you are fixed financially but if you'd prefer not to use a solicitor as suggested, then the CAB might help but also, you could contact the AS who might be able to advise you. I'm also hoping that someone who has been in your position might come along to advise you far better than I can. If your mother is self-funding then of course a query about the house won't arise until her savings reach the upper LA intervention limit.

 

[FifiMo]

Hiya Confused,

I am sorry to hear about your dad's passing and how you're feeling stressed by the whole care home fees etc. the first thing, before anything else, that you have to do is apply for probate. You cannot start to deal with your dad's estate until you have received letters of administration which then gives you the authority to carry out your duties as executor. Until your dad's estate is finalised then there is nothing you can do, let alone the local authorities. So far as the house is concerned I think the first thing you need to do is get the legal advice about what the status of the house s in accordance with your dad's will. You will then have to arrange for the land registry documents to be updated to reflect whatever those arrangements might be. You will have to sort out your dad's finances and make sure that in doing so that your mum's finances are properly secured.

Whilst all of this is going on, I assume the house is lying empty, so, as a matter of urgency you need to obtain an insurance policy that covers a house which is unoccupied. This is quite expensive and has a few things you have to comply with, eg keeping heating on to prevent burst pipes, redirect mail so it doesn't accumulate and let passers by know it is empty. The insurance for my mother's empty house is currently £81 per month <gulp>

Until you have sorted out all of the above, you will not be able, nor should you, discuss finances with the local authority. Just tell them you're having to apply for probate and that you will get back to them once that is all sorted out.

Hope this helps. As always this is based on my knowledge and experience but you should take your own independent advice as and when you need to clarify the specifics relating to your situation.

Fiona

 

[geum123]

Hi Confused,
I am so sorry you are in this position.

Many solicitors will give a free half hour consultation,
and I'm sure could advise exactly where you stand with the
house.

 

[Saffie]

The solicitor confirms that I will own Whatever he did, ie making me joint owner of the house with my Mum.

I understood that Confused's dilemma is about the LA's position regarding the house as she has said she has had advice from a solicitor about her legal ownership of half.
I don't know from personal experience but have gathered from threads on TP that LAs can take differing stands on the issues concerning what they do regarding houses where half is owned by another party. So it seems it will depend on the LA policy where you, or more correctly, your mother, are living.

Of course, as I previously said, this is only an issue if the LA are involved with partial funding at present, not if your mother is self-funding. I can understand your concern Confused and you have more than enough to contend with at present.Please do come back and tell us how you get on. I also have a personal interest in your dilemma as it could very well be replicated in my family. Good luck X

 

[FifiMo]

Staffie,

The Charging for Residential Accommodation Guidance (CRAG) details how assets should be treated and covers such things as joint property. The local authority can use a Market Value and that then raises the issue of what is the market value of a property where half is owned by someone else . If the other owner doesn't want to share their home with a stranger then the market value is likely to be nil. If however the house is sold, the the person's half share in the home has been realised into hard cash and the LA would then carry out another financial assessment.

In confused's case, there are lots of things that have to be sorted out with regards to the property before they can refer to CRAG for guidance, the first of which is to ascertain the nature of the legacy left by her father. So, it is not as clear cut as you previously understood.

Fiona

 

[Saffie]

Sorry - I only tried to help because it had only received one reply and hoped by bringing it to the top, more would respond.
I'll shut up now.