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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10624
Experience:  Barrister 17 years experience
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Mum is in home with dementia. She will never go back to her

Resolved Question:

Mum is in home with dementia. She will never go back to her house. We found her will and she left house to us kids. We will b paying care fees from her business. Can we sell house I fact I would buy it off my siblings
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.

1. I regret to say you cannot buy or sell something you don't own. Until such times as your mother dies and you children come to own the house, you don't own anything. A will is not valid and operative until a person dies. So, the will is not effective until death to transfer the house to the children. The death of your mother must come before the will is operative. Until then it is your mother who owns the house and it would only be her who can sell it. As she has dementia, she doesn't have legal capacity to sell it. You would have to get a Deputy appointed to handle her affairs in order to sell it for her. So, any talk about buying or selling the house is premature.

Expert:  Buachaill replied 1 year ago.

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Customer: replied 1 year ago.
Thank you very much for this. We know we have inheritance tax and all we don't want her home to go to wreck and ruin r b rented out. It's awful. Her solicitor talked her out of signing house over to us kids years ago 5 of us who would not let anyone con her so we left in limbo. She only 72 in great health this could go on for years. ��