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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25440
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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my mother has had to go into a care home she has got dementia

Resolved Question:

my mother has had to go into a care home she has got dementia I have to sell her house to pay her fees she made a will before she became ill stating if she died the house would be left to her 3 children and any money she had would be left to her grandchildren I would like to know what happens when the house is sold and she died there would be no house to leave to her children.
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.May I confirm with you that your mother has not placed the property into trust please? I do not think she has from what you say but could you confirm for the avoidance of doubt?Does anyone else live in the property besides your mother? If so who pleae and who old are they?Is the property in your mothers sole name?
Customer: replied 2 years ago.

she has not placed the property into trust no one else lives in the property the property is in my mothers sole name

Expert:  Joshua replied 2 years ago.
Thank you. In these circumstances unfortunately the local authority are able to take the property into account in means testing and can make a claim against the house as they are presently doing.They have to leave your mother with capital below £14,400 but of course that leaves them with everything above that to potentiall claim. In addition they can take all her income except a little over £20 per week for expenses.As beneficiaries of her will if she left a specific gift of the house specifically and it is sold those beneficiaries will not receive anything because there will be no house in your mothers estate at the time of he passing. However the residuary beneficiaries who recieve the balance of the estate (i.e. everything that is left) will benefit from whatever funds are left in her estate at her passing. As above this will be at least £14,400 because the council can't touch this but may be more depending upon how long her care lasts. The above all sounds rather bleak but there are some steps you can look at to mitigate the above potentially. The first is that you could make an application for continuinNHS funding for your mother. If your mother is judged to require care primarily for health reasons as opposed to just residential care then she may be entitled to full funding regardless of meansby the NHS. You can make an applicatio for an assessment through your local health trust free of charge. If she is judged to require some health care but not full time care she may not be eligible for full NHS funding but may be eligible for nursing care contribution which can still contribute a healthy chunk to her weekly care costs. If neither of the above applications are successful though there are rights of appeal if they are not at the same time or instead you can look at alternatives to funding your mothers care using insurance products. There are a range of insurance products that can provide for care which can be better than simply selling the house and watching funds dwindle away. Rather for example you can pay a one time premium for guaranteed care for the rest of your mothers life. The premium is of course not cheap but at least you would know how much woudl be left and that no further claims would be made for care costs so it is an attractive option for many families. TO discuss such alternative funding approaches you can contact a specialist financial advisor who will be able to advise you on what products are available, usually without any intial chare or obligation. I would recommend an advisor who operates under the Symponia umbrella. http://www.symponia.co.uk/ I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
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Expert:  Joshua replied 2 years ago.
I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.

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