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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 1390
Experience:  Senior Partner at Berkson Wallace
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My father has no will and owns a flat with £60.000 still

Customer Question

My father has no will and owns a flat with £60.000 still left on the mortgage,now he will be placed in a nursing home, I need help if you can please. How do I protect his flat?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

How much is the property worth

What other assets and income does he have?

Customer: replied 1 year ago.
Property probably worth approx £200.000 and he has a car approx value £1000, he gets DLA but everything goes straight into his bank and all bills are paid direct debit.
Expert:  Clare replied 1 year ago.

Is there any reason to keep the flat?

Customer: replied 1 year ago.
I would like to keep the flat
Expert:  Clare replied 1 year ago.

Can you rent the property out for enough money to cover the mortgage and pay the care home fees?

Customer: replied 1 year ago.
Nhs will cover the nursing home fees
Expert:  Clare replied 1 year ago.

Great - can you rent it out and cover the mortgage?

Customer: replied 1 year ago.
But how can I prove anything without a will?
Expert:  Clare replied 1 year ago.

A will only comes into operation when someone dies.

Does your father still have mental capacity?

Customer: replied 1 year ago.
he fies
Customer: replied 1 year ago.
Expert:  Clare replied 1 year ago.


Is he willing to give you Power of Attorney?