How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I have Ms and my husband has just been diagnosed with cancer

Resolved Question:

I have Ms and my husband has just been diagnosed with cancer -he has 2 adult kids and we have no children -the kids have talked their dad to go live with the daughter-my husband and I have a bought house(mortgage free) the daughter has really been deciding what happens to my husband -I think she is just after his money -if he does move in with her what rights as his wife do I have both for his health and his financial security. I think she might get him to sign a power of attorney behind my back -we have on our title deeds something that has with love favour and affection -can she get me out our house and take his money
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Is the house in joint names or just your name? What other assets do you have either individually or jointly.
Customer: replied 2 years ago.
The house is in joint names and in the deeds it has a thing saying love and affection or something -we have separate bank accounts and he has already received his pension as he is 67 and I am 52 -we both have separate life insurances as well -I think he has made a will but he has named his daughter as executor and not myself
Expert:  JGM replied 2 years ago.
Love favour and affection normally means the house was in one name and then was transferred to joint names afterwards.
Can you tell me if the title is granted to the survivor of the two of you. It will say in section B of the Land Certificate.
Customer: replied 2 years ago.
Yes I have just checked it has in section b the survivor ! We also have separate isa accounts
Expert:  JGM replied 2 years ago.
In that case the house is safe and will pass to you on your husband's death. Any money he has he can will to whoever he wants but you are entitled to a third of it by way of legal rights.
Unfortunately you can't stop him granting power of attorney to his daughter nor from him transferring his money to his children when he is alive, assuming he is mentally competent.
So the answer to your question Is no, she can't take the house but yes, she could get his money if he agrees to give it to her.
Happy to discuss further.
Customer: replied 2 years ago.
So if she has power of attorney does that mean I can't or won't be able to organise my own husbands funeral ?
Expert:  JGM replied 2 years ago.
No, the power of attorney ends on death. You are able to organise the funeral unless his will says otherwise. The executor normally organises the funeral.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10649
Experience: 30 years as a practising solicitor.
JGM and other Scots Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Previous | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.