Step mother's nursing home fees.

[brianr58]

My mother died in 2010 and i was left her half of the bungalow and my father owned the other half.
My father died in 2015 and I was left my father's half of the bungalow on condition I allowed my step mother to occupy it until she passed away or entered care,
She has now entered care and is unlikely to come out.
The council wants the bungalow sold to pay her fees even though I am the sole owner.
It is saying because my step mother was married to my father the bungalow has got to be sold to pay my step mother's care fees and this overrides the fact I am the 100% owner on the land certificate as I live in another property jointly owned with my wife.
Has anybody else had this sort of experience.

 

[marionq]

In assessing care home fees I thought the criteria was that only the persons assets should be considered. The bungalow was not an asset of your stepmother so it seems unlikely that you should have to sell it.

Worth speaking to an expert on this but I'd start with Age UK or CAB before getting involved with lawyers.

 

[Bunpoots]

I agree with marion. The property belongs to you not your step mother so the council have no claim on it. Have you got a copy of the will to back you up? Not that you should need it if it's registered in your name.

 

[mrjelly]

I suppose when your father married his second wife that would have invalidated his will at the time and made your stepmother his beneficiary by default. From what you said, it sounds like your Dad amended his will after he remarried, so stepmother never had any ownership of the property like the others have said.

 

[Pete R]

My mother died in 2010 and i was left her half of the bungalow and my father owned the other half.
My father died in 2015 and I was left my father's half of the bungalow on condition I allowed my step mother to occupy it until she passed away or entered care,
She has now entered care and is unlikely to come out.
The council wants the bungalow sold to pay her fees even though I am the sole owner.
It is saying because my step mother was married to my father the bungalow has got to be sold to pay my step mother's care fees and this overrides the fact I am the 100% owner on the land certificate as I live in another property jointly owned with my wife.
Has anybody else had this sort of experience.

Your Father must have changed his will after the marriage to your SM so at that time of change was it anticipated that your SM might need full time care?

 

[Havemercy]

I really would make a solicitor appointment, if it were me. CAB will only be able to give general advice (I know because I volunteer for them) and it really needs a proper legally qualified person to advise. Some solicitors will give you half an hour for free - but even if it costs a bit of money I think it would be money well spent. Actually come to think of it, some Citizens Advice Bureau do have a solicitor attached (our one doesn,t) so it might be worth asking.

 

[nitram]

Where the land registry informed of the life interest at probate?

 

[Kevinl]

Hi Brain, welcome to TP
As has been said provided your father made a new will after he remarried then there shouldn't be a problem, if he didn't there could be because the pre-marriage will would automatically be invalidated when he re-married and so he technically died intestate and the step mum would inherit his half of the house irrespective of what the invalid will may say.
If he did make a new will then he would have left the step mum a "beneficial life interest" in the house but that does not confer any rights of ownership, only the right to live there.
Even if the LA want you to sell the house they can't make you without a court order.
If it is that there is no new will they can't make you sell your half without one and you can't sell half a house, they could however refuse to pay her care home fees but you're not liable for the care home costs.
Depends on the situation with the will.
K

 

[Pete R]

If it is that there is no new will they can't make you sell your half without one and you can't sell half a house, they could however refuse to pay her care home fees but you're not liable for the care home costs.

Although that may have been true under CRAG it is not under CA2014. There have been examples on here before where a half owner of a property, that they are not living in as their home, have been forced to sell.

 

[BrianR]

Although that may have been true under CRAG it is not under CA2014. There have been examples on here before where a half owner of a property, that they are not living in as their home, have been forced to sell.

Dad did make a new will straight after the marriage to my step mother leaving his half of the bungalow to me and it stated on condition I let my step mother reside in the property until her death or her entering care.
There was no evidence my step mother would have needed care at that point.
Her life interest is registered with the Land Registry.
Out of interest I was called to the hospital this afternoon as she hit a nurse to the extent she had to go to A & E to be treated. I tried to talk some sense in to her without success. She had to be sedated.
She has also entered temporary care twice before now. If I had totally stuck to the wording of the will I probably could have taken total ownership prior to now.

 

[Kevinl]

Although that may have been true under CRAG it is not under CA2014. There have been examples on here before where a half owner of a property, that they are not living in as their home, have been forced to sell.

Prior to which I said "Even if the LA want you to sell the house they can't make you without a court order." I then went on to say " they can't make you sell your half without one" And as far as I'm aware that is the case. If you refuse to sell they have to take it to court.
Whether the people on here forced to sell did go to court or whether they were advised that if they did they would lose I don't know, but to make you sell they have to go to court if you refuse.
The difference is that under CRAC they often accepted the "you can't sell half a house" argument where as now they don't but as I said need a court order if you refuse.
Now that we know the step mum only had a life interest, registered as such on the land registry and a new will was made after the second marriage it all becomes academic.
Brian owns the house outright and does not have to sell it so either the LA are trying it on or the person at the LA doesn't know what they're talking about in which case I suggest Brian asks to be referred to the LA's legal department who will understand the position, they don't have a leg to stand on.
K

 

[AlsoConfused]

It does sound like the council mistake / "try on" which happened to an acquaintance of mine.

My acquaintance owned a bungalow. She invited her sister to live with her as the sister was becoming frail and had no property of her own.

When the sister needed to go into full-time care, the council told the bungalow owner her house would have to be sold to pay her sister's fees.

 

[canary]

Yes, I too think that the person who told you this either doesnt understand the rules, or doesnt understand that she has never owned the house. You should appeal to the LA legal department.

 

[Pete R]

The difference is that under CRAC.......

Charging for Residential Accommodation Guide (CRAG)

 

[Pete R]

There was no evidence my step mother would have needed care at that point.

Then the LA will struggle to prove that your Father changed his will to avoid paying care home fees for your Step Mother.

 

[nicoise]

Presumably there has been a financial assessment for your stepmother?

Who gave them her financial information, presuming she isn’t able to do so herself?

Unless the LA have had sight of the Will and Land Registry entry, they cannot know who owns the house she had been living in. Take legal advice. I realise that is a cost you shouldn’t have to incur, but this is no doubt worrying you,and you need the correct legal response to challenge the LA’s demands.

 

[brianr58]

I suppose when your father married his second wife that would have invalidated his will at the time and made your stepmother his beneficiary by default. From what you said, it sounds like your Dad amended his will after he remarried, so stepmother never had any ownership of the property like the others have said.

I really would make a solicitor appointment, if it were me. CAB will only be able to give general advice (I know because I volunteer for them) and it really needs a proper legally qualified person to advise. Some solicitors will give you half an hour for free - but even if it costs a bit of money I think it would be money well spent. Actually come to think of it, some Citizens Advice Bureau do have a solicitor attached (our one doesn,t) so it might be worth asking.

Presumably there has been a financial assessment for your stepmother?

Who gave them her financial information, presuming she isn’t able to do so herself?

Unless the LA have had sight of the Will and Land Registry entry, they cannot know who owns the house she had been living in. Take legal advice. I realise that is a cost you shouldn’t have to incur, but this is no doubt worrying you,and you need the correct legal response to challenge the LA’s demands.

I have seen a solicitor this morning. She looked at the will and the land certificate and she can not see on what basis the property will have to be sold to pay the fees.
She did ask if my step mother paid for any major repairs or improvements.
She has paid for some carpets / curtains to be replaced but they are all 3+ years old. There may be a small liability for those but some of the carpets were replaced without my consent so it is a bit of a moot

Presumably there has been a financial assessment for your stepmother?

Who gave them her financial information, presuming she isn’t able to do so herself?

Unless the LA have had sight of the Will and Land Registry entry, they cannot know who owns the house she had been living in. Take legal advice. I realise that is a cost you shouldn’t have to incur, but this is no doubt worrying you,and you need the correct legal response to challenge the LA’s demands.

I was about to make an appointment to see a solicitor but I have had a call from the mental health nurse to go and see her this afternoon,
She has recommended I hold fire in relation to the solicitor as she thinks I will be happy with the way the situation is going to be dealt with.
I will let you know what happens,

 

[canary]

She has recommended I hold fire in relation to the solicitor as she thinks I will be happy with the way the situation is going to be dealt with.
I will let you know what happens

Fingers crossed

 

[nicoise]

I trust that the situation is going to be dealt with as it should be!

It is very possible that the person telling you to sell the house doesn’t actually know how the finances work. There have been numerous posts on TP over my years where either an employee or a well-meaning friend or neighbour has got it totally wrong and caused needless worry.

I hope everything is resolved happily

 

[brianr58]

I trust that the situation is going to be dealt with as it should be!

It is very possible that the person telling you to sell the house doesn’t actually know how the finances work. There have been numerous posts on TP over my years where either an employee or a well-meaning friend or neighbour has got it totally wrong and caused needless worry.

I hope everything is resolved happily