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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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We are applying of Protection as my mother has Dementia. The

Customer Question

We are applying for Court of Protection as my mother has Dementia. The mortgage for her house is 2/3 hers and 1/3 my other brothers. We wish to sell the house which will fetch £60-70k but of this is sold and my brother has control of the house can he take all the money the house would bring or does it automatically go to pay for my mother's keep in her care home. Or is it split so he gets the 1/3 of anything above the 23k threshold?
Submitted: 7 months ago.
Category: Law
Expert:  Clare replied 7 months ago.

Thank you for your question

My name is ***** ***** I shall do my best to help you

In fact the proceeds of sale are split as to on third to your brother and two thirds to your mother.

Your mother will then have to use the funds to pay fully for her Care until her capital drops to £23,000

I hope that this is of assistance - please ask if you need further details

Clare, Solicitor
Category: Law
Satisfied Customers: 33549
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and other Law Specialists are ready to help you
Customer: replied 7 months ago.
Thanks Clare, So if the scenario is that the house sells for say £60,000 does the initial money get split £40k and £20k between my mother and brother. My mothers money is then used from £40k down to £23k. Can my brother take all the sale money?
and when the £23k is left is this split by what ever is in the will when the dies? I suppose this makes my brother want to do this as quick as possible before the money is used to payback the council should the house not be sold until after she passes.
Customer: replied 7 months ago.
Please can I get an answer to the above
Expert:  Clare replied 7 months ago.

No your brother cannot take it all - it has to be split and yes the balance if any is split in accordance with the terms of the Will.

The position does not change for your brother no matter how long the sale takes

Customer: replied 7 months ago.
Thanks, ***** ***** be clear, if the house does not sell and the 60k reduces to pay for mother's keep in the home this could take some or all of my brothers share if all the money was reduced to the 23k.
Expert:  Clare replied 7 months ago.

No your brother's share will always be taken into account when the value of the property is calculated

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