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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34105
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mum is in a care home, dad died in march, house is tenants

Customer Question

My mum is in a care home, dad died in march, house is tenants in common, dads share being left to grandchildren. Executor of dads will & mums lpa was my brother, he died of a massive heart attack 2 weeks ago aged 43. I am now applying for deputy of mum. When do I take over the bills etc of the house? Do I have to wait till dads estate is finalised? Does everything automatically go into mums liability? Sister in law is still trying to take control of mums things. Can I stop her?
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
What is going to happen to the house?
Clare
Customer: replied 3 years ago.

I really don't know. From what I've read up on because its tenants in common then the health authority cannot force a sale to pay for care costs, even though my father who was living their died. Mum can't reallyreturn there. It could either be sold & the authorities take the money or it could be rented out & earn some income, half going to trust for my dads half & the other half I'm guessing would go towards care costs

Expert:  Clare replied 3 years ago.
Hi
Who currently lives there?
Clare
Customer: replied 3 years ago.

Hi, nobody. & I also need info on what to do with my sister, she keeps going in there using the washer & dryer etc. Personally I think she's taking liberties. But don't know where the house & bills stand at the moment. Whether its still included in winding up dads estate or if it is now mums responsibility. I don't know if its under the executor of will's role or whoever deals with mums stuff


Thanks, Gemma

Expert:  Clare replied 3 years ago.
Hi
Ok
Do YOU wish to delay the sale of the property or would you be happy for it to be sold?
Clare
Customer: replied 3 years ago.

Hi Clare


Its not my concern whether its sold or not, I'm more interested in what is going to benefit my mother the most. My main question is when is the liability of the house my mothers, or whoever deals with mums finances etc. Is it now or is it when my dads estate is finalised? For instance, the electric bill... Is it now to be in my mother's name or is it executor of the deceased & my mother until dads estate is all sorted? Am I allowed to stop my sister & sister in law from entering the house? My sister because she is using electric etc for her own use & my sister in law because her husband (my brother & one of the executors) has now died & my mum & dads affairs now have nothing to do with her. Also, do I have to allow the other executor access or can I just forward any mail regarding my dad to him?


Its all very complicated & frustrating


Thanks, Gemma

Expert:  Clare replied 3 years ago.
Hi
The bills on the house are now the joint responsibility of your mother and the estate, and when the state is finalised they will be the joint responsibility of your mother and the grandchildren.
You certainly cannot exclude the Executor of your brother's estate - who has inherited the Executorship of your father's estate - nor can you exclude any other executor of your father's estate.
You can exclude your sister and sister in law - but if either of the executors authorise their visiting the premises then they are free to do so.
Your sister in law has no right to be involved in your mother's affairs.
In terms of the sale - it the executors decide they wish to sell then you will have no option.
It is also possible that the Local Authority will insist that you as her Deputy force a sale
I hope that this is of assistance - please ask if you need further details
Clare