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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34905
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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L am my parents live in Carer, and have been my mums Carer

Customer Question

l am my parents live in Carer, and have been my mums Carer for seven years. l have two sisters who occasionally come up and help, but generally, its me 24/7. 3 weeks after l moved in to help parents (94/90) l had cancer diagnosed. My big worry is that if my parents die, my sisters will want me to leave the house so they can sell it. l wondered if l had any rights to stay living in the house after my parents have died. l am 60. Our parents will is left equally to the 3 daughters. Thank You, Susan
Submitted: 1 year ago.
Category: Family Law
Customer: replied 1 year ago.
Hi, Just checking my question and payment have got through ? Kind Regards, ***** *****
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.

Have you discussed your concerns with your parents?

Where were you living prior to moving in with your parents?

Customer: replied 1 year ago.
Hi Clare, No l havnt spoken to anyone about my concern, as it is a private concern only l have. l was living in a house in the same village as parents. Thanks.
Expert:  Clare replied 1 year ago.

Was that owned or rented?

Customer: replied 1 year ago.
Why does that matter ?
Expert:  Clare replied 1 year ago.

It impacts on the possible claims that you might be able to make

Customer: replied 1 year ago.
l own my house, but l have rented it out because the Carers Allowance etc l get isnt enough (under 2pounds an hour). And obviously l had to stop working when l moved in with parents.
Customer: replied 1 year ago.
Clare, Can you give me the information now rather than it in pieces, as l cant spend time sitting at the laptop (l need to do things for my Mum)
Customer: replied 1 year ago.
Someone told me, that over 60, a Carer is allowed to stay living in the house. (l am daughter and Carer)
Expert:  Clare replied 1 year ago.

My apologies for the delay.

The provision that you are speaking about relate sto the position with regard to the funding of care home fees.

If both your parents need residential care then the fact that you are living in the property would mean that it could not be counted as part of the assets for

assessment of liability for fees.

With regard to what happens in the event of their deaths then you should be able to remain living in the property in the immediate aftermath to allow you time to give notice to the people living in your home so that you can move back there in due course.

It is unlikely in the extreme that the Court would grant you the right to stay in the property indefinitely.

I hope that this is of assistance - please ask if you need further details

Customer: replied 1 year ago.
Hi Clare, Thnx for that. l wasnt meaning 'indefinatly' Just someone said , over 60 you can continue to live in the house for a certain length of time (longer than say 6 months) l dont intend to do this, but it would be good to have it as a lever that they would find out is a pos.
Expert:  Clare replied 1 year ago.

As I said that relates to Care Home fees only - however you can certainly argue that you need a reasonable amount of time before you move - to be honest the sheer administrative issues mean that you will have six months or so