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Ask Clare Your Own Question
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 35574
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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I am a pensioner in poor health as is my wife. My 2 adult

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I am a pensioner in poor health as is my wife. My 2 adult children live at home with us.
We are not liable for inheritance tax but we may need care.
I have taken ot a Living Trust to guard against care costs to protect the house but it offers no real protection.

My name is Clare

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

Who currently owns the property and what financial contribution do your children make to the household?

Customer: replied 10 months ago.
My wife and I.
No mortgage.
The children 23 and 27 do not contribute
Customer: replied 10 months ago.
I have paid £1000 / 2000 to a solicitor for thin advice and a standard legal document.
I prefer email to phone call for privacy
Customer: replied 10 months ago.
The documents offer little protection against care costs because the L Authority are likely to say I am impoverishing myself.
Customer: replied 10 months ago.
Will you email back?
Another £42 for a call?
Customer: replied 10 months ago.
I am not happy.
I will ring your contact number tomorrow.
Customer: replied 10 months ago.
It seems I am being lured into paying more money.
Customer: replied 10 months ago.
You wont email will you?

I am sorry - the site popups are outside of my control

The only option that is available to you is to take steps to "sever the joint tenancy" on the property so that you and your wife each own your own "half" of the property.

Then you each need Wills that leave your half of the property to the children - but give your spouse the right to remain in the property so long as they wish to do so.

This protects half of the equity - and I am afraid that this is in fact the best that can actually be done

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

Customer: replied 10 months ago.
Thank you.
I have heard of this but instead acted on my solicitor's advice.
I will ring her tomorrow.
I have already paid for a standard mirror will.
Should I be looking for a refund?
Customer: replied 10 months ago.
We are both vulnerable.
If we split the title we can still be picked off in turn.
I have prostate cancer and my wife is facing major leg surgery
Customer: replied 10 months ago.
Have I run out of time?
Customer: replied 10 months ago.
Are you still available?

My apologies for the delay

Mirror Wills could still work - so you may wish to ask her to do new ones instead of a refund but the choice is yours

Definitely a refund on the Trust though

I appreciate that severing the joint tenancy still leaves you vulnerable - but sadly it is the best that can currently be done

Clare and other Family Law Specialists are ready to help you