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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 26069
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My mother is in a care home

Resolved Question:

Hi. My mother is in a care home with altheimers. I as her POA have to look after her affairs. In her will she has left any monies to be divided by 3 people and the house to me. When the money has gone...paying for her care fees, the house has to be sold and any proceeds remaining from this when she dies is mine. She at the moment has £30000. Would it be legal for me to put this money into accounts for the 3 people and i could sell the house? Obviously still making sure that the fees are still paid.
Hope you understand my query
Thanks
DianeXXX
Submitted: 2 years ago.
Category: 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 ask if the house is presently rented please and if not whether this is something you had considered?
Does the will specifically provide that you are to receive "my house" or words to that effect?
Finally who in the will is provided for as the residuary beneficiary(ies) in the will - i.e. who received anything that is left after payment of the above monies to the 3 people and the house? I appreciate in practice there may be nothing left but the will should still provide for a resdiuary beneficiary(ies)
Customer: replied 2 years ago.

Hi. My son, her grandson is living in it at the moment but moving out. I have rented it out before and do not want the hassle and to be honest could do with the funds if possible as my husband and i want to move b4 we get too old. It says "i give free of tax to my said daughter Diane Brook my property....

The 3 beneficiaries of the money are her 2 grandsons and distant relative

Expert:  Joshua replied 2 years ago.
Thank you. Is there anything in the will that deals with the residue of her estate. Will should provide words along the lines of "I give the residue of my estate to be divided between ...". It would normally be after the specific gifts you refer to above.
Customer: replied 2 years ago.

sorry, could you hold on while i find it, i know what it says but i need the details

Expert:  Joshua replied 2 years ago.
Certainly. No hurry...
Customer: replied 2 years ago.

The residue is divided by 9. 4 to each grandson and 1 to the relative

Expert:  Joshua replied 2 years ago.
thank you very much for the above. Whilst in principle, under your power of attorney you could look to sell the property as you suggest, you would need to be sure that you can demonstrate that selling the properties in your mother's best interests which in the assumption she is not likely to return to the property, you likely could show. However you need to be cautious in terms of your loan entitlement under the will because if you sell the property, your gift of the property under the will will fail - in other words you will receive nothing.You may of course still be entitled to another gift under the will of money but in the assumption the property itself is the main gift you would receive under the will, you may not wish to sell the property so as to potentially disinherit yourself of the gift of the property. from a purely selfish point of view, in order to maximise your inheritance, it may be sensible to look at paying care fees out of available funds, potentially considering renting the property to generate an income - perhaps appointing a letting agent to manage the letting for you - so as to preserve some of the capital in the estate. if there comes a time when the capital runs out, you can ask the local authority to put a statutory charge on the property lay any sale of the property until your mother passes away.If you have little interest in preserving your inheritance under the will, as above, providing you can demonstrate that selling the properties in your mother's best interests, you can consider doing so using your power of attorney but do bear in mind the above potential significant consequences to your inheritance if you elected to do so.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
Customer: replied 2 years ago.

Thankyou, that is a big help.

Expert:  Joshua replied 2 years ago.
A pleasure. I hope you set upon a plan for your mothers estate that works both in her interests and as a side effect in your interests too.
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