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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My mother is a residential home, she has to pay for her own

Resolved Question:

My mother is a residential home, she has to pay for her own care .The council have taken a lean on her house for her care. The payment to council will be payed either on death or on the early sale of her house. Just recently the house is due to be sold, and we looked at the deeds and noticed that our mothers name was not on the deeds only my fathers who died 32yrs ago.
My question is: What right have the council to take money from the house for her care when she has not got her name on the deeds.
Or have we no case at all.
Regards.
Glyn. Thomas
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi Glyn,

Thanks for your enquiry.

Sorry to ask, but are you sure you have seen the up to date Deeds? Are they registered at the Land Registry? (I ask as the Council would not normally be able to register a Charge against a property if it is not in the resident's name).

Did your Father leave a Will and leave all his Estate to your Mother?

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
Hi Al,
The only deeds we have were kept in the bank, it was only noticed during the house sale that mums name was not on it.
My father never left a will.
Should I check with the land registry ?
Glyn.
Customer: replied 1 year ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Aston Lawyer replied 1 year ago.

Hi Glyn,

I can check if the property is registered at the Land Registry, if you are happy to provide the address? I am happy to have a chat over the phone, but I won't be available to do this until after 6pm. Is that ok? In the meantime, if you can let me have the address I can do a Land Registry search.

Kind Regards

Al

Customer: replied 1 year ago.
Hi Al
Address
7 Bryn rhedyn Pencoed Bridgend
South Wales.
CF356TL
After 6pm will be fine.
Glyn
Expert:  Aston Lawyer replied 1 year ago.

Thanks. I will enquire of the Land Registry.

I will be back online at 6pm at which point I will instigate the phone chat.

Kind Regards

Al

Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 1 year ago.

Thanks for the chat Glyn. All the best Al