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ivorylounge
ivorylounge, Advocate
Category: Scots Law
Satisfied Customers: 32979
Experience:  Over 25 years experience
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My mother was in a Glasgow council nursing home and owned her

Resolved Question:

my mother was in a Glasgow council nursing home and owned her own house. When she died Glasgow Council are expecting payment of £15324 in respect of what they call interim funding which is separate from incapax funding. When she was in the home the charge was about £500/month. At that time I was never made aware of any other charge or possible charge ie what they term interim funding. They are expecting her house to be sold and £15234 to be paid on completion of sale. They said they registered a Charging Order over my mums house on 8th October 2014. She died at the home on Dec 2014. In her will she left the house to me so does that mean the house is legally mine on her death and so do they have a legal right to force sale of the house .
Submitted: 1 year ago.
Category: Scots Law
Expert:  ivorylounge replied 1 year ago.
You have inherited the house under the terms of the will subject to the estate being liable to any debts which your mother had. The LA are entitled to make a charge against her property on the basis of the nursing home fees. This is a debt. You can from the estate pay the sum claimed by them and of course keep the house or in the alternative allow the house to be sold and thus pay the money owed to the LA from the estate. But if you have the money then you would not obviously need to sell the house. Happy to discuss. Please rate positively - thanks.
Customer: replied 1 year ago.

dear sir how is the estate liable to any debts surely the house belongs to me now

Expert:  ivorylounge replied 1 year ago.
Dear *****,
When someone dies the estate needs to settle all debts before dealing with a distribution of the assets. Unless the debts have already been paid from any other assets of the estate then you will only get the house after the debts have been cleared. That is I am afraid what the law says.
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