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UKfamsol
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience:  Very experienced specialist family law solicitor, qualifed in 1994
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My late husband owned the flat his mother still lives in, when

Resolved Question:

My late husband owned the flat his mother still lives in, when he took mortgage out he put it in his and his mothers name. Her will States that should he die before that the flat will be mine when she goes.
My brother in law wants to put her in a care home does that mean I'm going to lose all the money that is rightfully mine to pay for her care.?
Submitted: 2 years ago.
Category: Family Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
Is your mother in law the legal owner of the whole property? Or did you inherit your husbands share?
Kind regards
AJ
Customer: replied 2 years ago.
I will inherit all of it as she didn't pay anything for it. I can prove he paid mortgage which is now paid up
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Your original message stated that your late husband transferred ownership of the property into his name and his mothers name.
Did you inherit your late husbands half of the property?
Kind regards
AJ
Customer: replied 2 years ago.
No not yet as she is still alive, my husband name is ***** ***** lease
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for your question.

I need some more information to be able to answer:

1) you refer to a lease - is the flat RENTED in the joint names of your late husband and his mother, or is the flat OWNED in the joint names of your late husband and his mother?

2) If the flat is OWNED in their joint names, it's important to establish what form of joint ownership it was. There are two ways property can be owned jointly

(a) as beneficial joint tenants in equity - when one person dies, the other automatically inherits their share, regardless of what the person who died put in their will

or

(b) as tenants in common - when one person dies, their share becomes part of their estate, and they can leave it to wheover they want in their will, or if no will, the property will go to whoever is specified in the rules of intestacy.

3) did your husband leave a will, and if so, did he specify who was to get his share of the flat? How long ago did he die, and was what was to happen to his share of the flat discussed then?

Customer: replied 2 years ago.
It says in my mother in laws will that should she die first it's my husband, if he dies first it becomes mine.
It didn't say anything to do with flat only our own property.
The flat is owned, mortgage is paid up.
Expert:  UKfamsol replied 2 years ago.
Hello and thanks for the extra information.

Unfortunately, your mother-in-law's will has no effect on what happens to her flat - because she is still alive. A will is only bindoing after the person's death.

I understand that the flat is owned in the joint names of your late husband and his mother who is still alive.

You don't say what form of joint ownership they had -

(a) If it was as beneficial joint tenants in equity, then when your husband died, his share went automatically to the other owner ie your mother-in-law. In other words, on your husband's death, she becomes the owner of 100% of the flat. What happens on her death will depend on what she puts in her own will, or without a will, whatever the laws of intestacy are at the time she dies. But before her death, as she owns 100% while she is still alive, the care home will take the value of ALL of the flat into consideration. Her will is not binding until after her death.

(b) if your late husband and his mother owned the property as tenants-in-common, then your mother-in-law does NOT automatically inherit your husband's share of the flat - it goes to whoever he specified in his will.

If your mother is eligible to go into a care home, the local authority will assess her means - both her income and her capital. The capital includes the value of any property or share of property that she owns. If her capital or her income is above the limit set, she willl have to pay part or all of her care home fees.For the financial year 2014/2015, the upper capital limit for the means test in England is £23,250. The value of property is ignored for a temporary stay in a care home.It's also ignored for the first 12 weeks of a permanent stay.

So - if the flat is now wholly owned by your mother-in-law because she automatically inherited your late husband's share, the whole value will be taken into account in means test. If the flat is still jointly owned, then only her share will be taken into account.

If you are living in the flat, then as a relative of your mother-in-law, the value of her property will be disregarded.

How the property is valued, and other issues concerning the local authority's discretion to disregard it's value are complex - for details, please see Age UK's Fact Sheet 38 - here:

http://www.ageuk.org.uk/Documents/EN-GB/Factsheets/FS38_Treatment_of_property_in_the_means-test_for_permanent_care_home_provision_fcs.pdf?dtrk=true

I hope this helps and I wish you the best of luck.

Thanks and best wishes...
UKfamsol, Family Solicitor
Category: Family Law
Satisfied Customers: 560
Experience: Very experienced specialist family law solicitor, qualifed in 1994
UKfamsol and 3 other Family Law Specialists are ready to help you
Expert:  UKfamsol replied 2 years ago.
Hello again

I see you have looked at my answer but not accepted it. Is there anything in your question you feel I have not answered? Or anything in my answer that you would like me to clarify?

Do please let me know and I will do my best.

Otherwise, I would be grateful if you would now kindly rate and accept my answer.

Thanks and best wishes...

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