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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11144
Experience:  30 years as a practising solicitor.
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My father died recently and my mother who is ill is being cared

Resolved Question:

My father died recently and my mother who is ill is being cared for by the family. Two of us the children have power of attorney over my mother. Can we sell the house and claim the estate of around £150000. The reason I ask is that mum has dementia and although we can look after her now we may not be able to in the future.
Submitted: 1 year ago.
Category: Scots Law
Customer: replied 1 year ago.
we all live inengland
Expert:  JGM replied 1 year ago.
Thank you for your question? Does your father's estate pass to your mother in terms of his will?
Customer: replied 1 year ago.
yes
Customer: replied 1 year ago.
if it passed to the children would it have made a difference
Customer: replied 1 year ago.
are you still looking at the question thanks
Customer: replied 1 year ago.
Hi JGM, I assume you will text me answer thanks
Expert:  JGM replied 1 year ago.
Thank you for responding. The attorneys can't just take the estate and divide it amongst the family. An attorney has to act in the best interests of the granter of the attorney. If your mother requires to go to a care home in the future, the authority will ask for evidence of her finances and for details of any transactions such as that you are contemplating.
The authority can refuse to provide funding if there has been "depravation" of property, in other words the person, or their attorney, has diverted assets elsewhere so as to avoid liability for the cost of care home fees.
So if you did divide up your parents' assets, it is possible that the local authority would refuse to provide funding in the future and the liability would pass back to the family.
As I said earlier, however, the attorney's are not supposed to take money from the grantor and give it to the family, except tot the extent that the grantor herself may have considered making gifts were she able to decide that for herself.
Happy to discuss further.
I hope that helps. Please leave a positive rating so that I am credited for my time.
Customer: replied 1 year ago.
what would have happened if the will had been made to the children ?
Expert:  JGM replied 1 year ago.
Then your father's estate would have passed to the children and not your mother.
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