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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother-in-law is becomiing increasingly forgetful and disabled.

Resolved Question:

My mother-in-law is becomiing increasingly forgetful and disabled. My husband and I have considered offering her the option of selling both our houses and buying one locally (she lives an hour away) with a granny annexe. She has another son (who rarely contacts her and seems unconcerned about her care) and has left her estate dividided between them. When she passes away, would we then have to resell the house and repay the money into her estate?

Many thanks form your help.
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.

Hi there,

Thanks for your enquiry.

In these circumstances, it would be normal for the protection of all parties, that the Deeds to the property you purchase are held in your 3 names as " Tenants in common". This means you all legally own a share in the property and you can specify in what percentages.

So, if for example you and your Husband are putting 60% towards the Purchase, you and your Husband could hold a 60% share and your Mother in law a 40% share.

If you all hold the property this way, it does mean that whoever is to inherit your Mother in law's Estate would have a right to request that the property be sold in order for them to realise their inheritance. However, this can easily be overcome, by your Mother in law updating her Will to state that although she leaves her share of the property to your Husband and her other son, that the property will not be sold without your consent or until you wish to move. This way, you are protected and Mother in law knows that eventually her respective share of the property will pass to her 2 sons, if indeed this is what she wants.
When you come to sell/purchase, the Solicitor acting for you/ your Mother in law can refer your Mother in law to their Wills Solicitor and he or she can discuss all the above with her.

I hope this sets out the legal position to you.

Please let me know if you require any further clarification.

Kind Regards
AL
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