Social care fees, share of house & inheritance issues

AlsoConfused

Registered User
Sep 17, 2010
1,952
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This post is purely about factual matters, I don't want even to think about anything emotionally related.

Please can TP members point me to any information / laws which will help me construct questions for a brief period of free advice from a generalist solicitor (who probably has no real knowledge of social care fee issues)?

The question I need answering is WHEN does Mum again become liable for paying full social care fees as Dad - now dead - is obviously not occupying the marital home? Mum had stopped paying full fees because her assets had dropped below the level at which she was 100% self-funding. Just to make the money issues even more complicated we're still pursuing a claim for CHC funding from 2015; and Mum may or may not have cancer.

Dad died on X date (recently). Does Mum's liability to pay full social care fees START on the next day after Dad's death as SS claim; OR when probate is granted; OR when we can sell the house (which might well be months - possibly years - from now because it's stuffed to the gunnels with heavy stuff that'll require specialists to shift)?

I can't see anything in Dad's will that says we MUST sell the house but Mum owns 50% of it (through inheritance from Dad we siblings now inherit 50% of it).

Can TP members point to any law or SS procedural guidelines for me to quote to the solicitor? Would be very grateful.
 

nitram

Registered User
Apr 6, 2011
30,081
0
Bury
A common situation is that your parents jointly owned the house as tenants in common and half the the house just continued to belong to your Mum and your Dad left you his half share.
Is this the case ?

If so it therefore appears that on your Dad's death your Mum's assets would have exceeded the upper limit and she would loose LA financial assistance.
However the question of the value of half a house arises, CA 2014 removed previous guidance inferring that the value could be zero.
A deferred payment agreement is unlikely as the LA would have to put a charge on half a house.

By all means go for the free advise to the generalist solicitor but try to get some legal advice first to help with your question
You could try the AS helpline https://www.alzheimers.org.uk/get-support/national-dementia-helpline

It is likely that you would be better off in the long run instructing a specialist solicitor eg a member of Solicitors For the Elderly https://sfe.legal You may even be able to find a member willing to give a free advice session.
 

jenniferpa

Registered User
Jun 27, 2006
39,442
0
Dad died on X date (recently). Does Mum's liability to pay full social care fees START on the next day after Dad's death as SS claim;

I would agree with that assessment as as you say: it could take some time to realize any assets she has, and if there was any kind of accepted grace period you just know that people would stretch it out as long as possible. Look at it this way, these are now your mother's assets and if she died now, they would be distributed according to her will, not your father's. What I would say is: there should be a recognition that probate and access takes time and that you (or rather your mother) should be given time to pay. Just to add as well: you should act to reinstate AA.
 

AlsoConfused

Registered User
Sep 17, 2010
1,952
0
Thanks Nitram and Jennifer.

I realise I had been pinning my hopes on the possibility the house would have zero value (for everyone) until sold …

I'll follow up the links you've given me.

Thanks again
AC
 

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