Property valuation under CRAG

Discussion in 'Welcome and how to use Dementia Talking Point' started by Roysie, Apr 20, 2015.

  1. Roysie

    Roysie Registered User

    Apr 19, 2015
    6
    Sutton Surrey
    We asked for an assessment in September 2010. The Council said that she owned half a house therefore no contribution from them. The house was in joint names and had been since 1980 when it was bought. When i waved CRAG in front of them they said that because it was rented out CRAG 7.017-7.020 did not apply. The Ombudsman has twice found them at fault for not commissioning a valuation. In November 2014, 21 months after the resident died, they got a report which estimated that there would have been a market for half a house in 2011 and therefore the valuation stands. Our argument is that if the valuation had been done in 2010/11 we could have tested the market to see if it did have a value. Has anyone any information or help that would be useful? The resident was paying all of her income to the care home but a debt was mounting up and the care home is now threatening to sue her estate for the debt which her estate cannot meet. (This is a very truncated version of the events of the last four and a half years).
     
  2. nitram

    nitram Registered User

    Apr 6, 2011
    18,295
    Male
    North Manchester
  3. Roysie

    Roysie Registered User

    Apr 19, 2015
    6
    Sutton Surrey
    Not sure what you mean by that. Can you explain please.
     
  4. nitram

    nitram Registered User

    Apr 6, 2011
    18,295
    Male
    North Manchester
    Read the legal information >>>HERE<<<

    The notice puts a time limit on when a claim can be made on the estate of the deceased.

    Your case is complicated because it's not clear when the LA put a claim on the estate.

    If a notice was not published it's academic at any rate.
     
  5. Roysie

    Roysie Registered User

    Apr 19, 2015
    6
    Sutton Surrey
    It is the care home which is suing the estate not the Council. What is the time limit?

     
  6. jenniferpa

    jenniferpa Volunteer Moderator

    Jun 27, 2006
    39,417
    If a notice was published in the London Gazette, then creditors have two calendar months from the date of the notice to make a claim. If a notice was not published there's no set time limit and if the estate has been distributed, the executors become personally potentially liable for the debt.
     
  7. Roysie

    Roysie Registered User

    Apr 19, 2015
    6
    Sutton Surrey
    No money has been distributed as there is insufficient to pay the care home debt which I believe should have been paid by the LA. They did not do a valuation until 4 years after we first asked for an assessment

     
  8. nitram

    nitram Registered User

    Apr 6, 2011
    18,295
    Male
    North Manchester
    You need specialist legal advice.

    If the house was owned as joint tenants (in which case the deceased share of the house would not form part of the estate) I think that a court application can be made for the survivor to pay the debt if an insolvency administration order is made.
     

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