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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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My son has lived, by choice, with his grandparents

Resolved Question:

My son has lived, by choice, with his grandparents for over twenty years.
His mother (my first wife) died at around the same time from an illness, leaving one sister.
In later years my son has been carer for his grandparents ad contributed to the home financially. The grandmother died three years ago and last week the grandfather died also.
The remaining daughter has now taken all financial documentation from the house, telling my son that the house is to be sold and he will only get £10,000 from the will. I believe that there is a cash sum of around £100,00) left in the will and the value of the house is about £500,000.
So basically from all the years my son has cared for his grandparents he now has to leave the home in which he has cared for his grandparents until they died (note; the daughter has never done this and has only managed a 4 day holiday for her parents in the last 5 years).
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information first.Are you aware of whether or not there is actually a Will?
Customer: replied 1 year ago.
Hi Clare,Sorry for the delay in replying, I just needed to get some more information from my son.Firstly, The grandmother is not deceased but still alive, however she is in a care home and suffers from Altzheimer's disease.Her daughter has power of attorney over financial and medical matters.Regarding the will, my son has not seen this but he is under the impression that one does exist. He does not know if this is a 'DIY' one or drawn up by a solicitor.Hope this helps!
Expert:  Clare replied 1 year ago.
HI
What financial contribution has your son made to the house over the years
Clare
Customer: replied 1 year ago.
Hi Clare,My son tells me that he has paid one third of the utility and council house bills since around 2008, I.e. as soon as he could afford to. He has also purchased household items from time to time like a microwave cooker but thes are not major purchases, and paid for Internet access used by his grandfather. He has not paid any rent as he has not had the finances to do so.He also paid an amount of £3000 to his grandmother, part of proceeds from a claim for compensation after a car accident (he was a passenger).As said before he has cared for his grandmother for the years from Altzheimer's onset and his grandfather up to his death.I should add that my son suffered from dyslexia as a child and arguably has issues that exclude him from the normality of day to day life; although I am his father I have seen my son only once a year for the past few years and lengthy emails I send usually elicit a one line response.My worry is that he will not be able to cope with 'normal' life; he earns a small income by selling photographs but this is more of a hobby to him than a business.I think the real issue here is security for him rather than money, but obviously he feels that his contribution to the welfare and caring of his grandparents and other financial (albeit small) contributions are being undervalued, especially as full time care home costs are around £35,000 p.a.Hope this is now a complete picture!
Expert:  Clare replied 1 year ago.
Hi
Were any promises ever made about his future housing after their deaths?
Clare
Customer: replied 1 year ago.
No promises have been made, but I believe that my son will be able to stay in the home for around a year before it is sold; basically a time allowance for him to find alternative accommodation.
Expert:  Clare replied 1 year ago.
Hi
Sorry - I meant whilst his grandparents were alive?
Clare
Customer: replied 1 year ago.
No promise were made, Clare
Customer: replied 1 year ago.
HI Clare,FYI I received this document from my son this morning (attached file)
Expert:  Clare replied 1 year ago.
Hi
Your son can potentially make a claim on the Estate based on the fact that he was dependent on his grandfather for his housing and that no proper provision has been made for him
The basic details are set out here
http://www.lawdonut.co.uk/law/personal-law/wills-and-probate/dependents-claims-against-an-estate
I am afraid that this is likely to be the only claim that he can make as it seems that there were no promises made that he would get money or the property if he cared for his grandparents, and it is clear that he made no capital contribution to the property
I hope that this is of assistance - please ask if you need further details
Clare
Customer: replied 1 year ago.
Thanks Clare,I had already seen this so I have not really learned anything new!Thanks for your help.
Expert:  Clare replied 1 year ago.
HiI am sorry not to have been also to give you anything new.Unfortunately the options are limited in this area.Sadly none of the arguments you have raised regarding the work that your son has done and the horrendous conditions give him any claimat allClare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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