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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11143
Experience:  30 years as a practising solicitor.
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My mother is the sole name on her house deeds as the house

Resolved Question:

My mother is the sole name on her house deeds as the house was purchased with money from my fathers estate. She married my stepfather 25 years (or so years ago) and they have lived happily in this house and my stepfather has never bothered to challenge the situation. I have recently been concerned that my mother may be displaying signs of early alzheimers/dementia and my concern is that if she gets to the point she needs to be placed into a formal care situation the house, being in her name, will be sold to pay for this and my poor stepfather will be left homeless. My stepfather has estranged children so I am assuming that my mother has been trying to ensure that my father's estate money passes to me on her passing rather than to my stepfathers children on his passing. Its all a bit of a mess and I need advice about how I protect both of them.
Submitted: 3 years ago.
Category: Scots Law
Expert:  JGM replied 3 years ago.
Thank you for your question.

The house can't be taken for care home fees where your step father has been living there as your mother's husband. The house is exempt for that reason.

Your mother should, while she still can, make a will leaving the house to you with a right granted to your stepfather to stay there for life. This is called a "liferent and fee" and a will drafted this way will safeguard the house for you. It will mean that your stepfather has a home for life but the house is actually willed to you and you can get possession of it when he dies.

Happy to discuss further.

I hope this helps. Please leave a positive response so that I am credited for my time.
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