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Clare, Solicitor
Category: Law
Satisfied Customers: 35065
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My mother is in a home and in a while we will need to borrow

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My mother is in a home and in a while we will need to borrow money from Hertfordshire cc against her house to top up her costs. She has half share in the house that was left to her to do as she wishes with it until she dies. There after we. understand it will be divided half to her 4 children and the other half to her second husbands 2 children. When I took some advice from the HomeAdvisor I was told firstly to contact citizens advice because they were not sure that if mum needs more than half the money for costs her deceased husbands will reads that is allowed and the remainder is shared. Therefore I need someone to advise me if its 50% ownership or 100%Secondly Hertz cc won't let us burrow against the house until a
Letter of undertaking is added to my mothers will. What is this and how do I get my mother to do this. She is still able although we have POA for health and wealth.
Customer: replied 2 years ago.
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Customer: replied 2 years ago.
You put my answer would be through in 8 minutes its been more than 11/2 hers is there a problem with my email address
HiThank you for your questionMy name is***** shall do my best to help you but I need some further information firstWhat is the exact wording of the Will please
Customer: replied 2 years ago.
Where can I scan the will to
This is the information I have from site admin
". To the left of the Send button, customers will see an "+ Add Files" link. Customers will click on that link and select file(s) that they'd like to share with you."
Customer: replied 2 years ago.
The relevant part of the will says If my wife shall survive me then
1) I give all that my share and interest in the dwelling known as 18 St Edmunds lane Dunmow Essex aforesaid or in any other dwelling house jointly owned at the date of my death by myself and my wife together with all that my share and interest in the household goods and effects therein unto my wife for her life she paying all rates taxes and other outgoing in respect thereof and keeping the same in good repair (fair wear and tear excepted) and insured against loss or damage by fire to the full value thereof that my trustees shall approve and from and after the death of my wife I give the same unto my trustees upon the trusts declared by clause 5 of this willClause 5 is what the trustees shall do with his estate. Which is divide it equally between his daughters should they both be alive if not to any children of each of them.
Who owned the house at the time of the bequest?
Customer: replied 2 years ago.
My mother and father bought the house in 1980 on my fathers death in 1`982 it was left to my mother. Her second husband bought into the house in 1994 which they owned equally. Therefore the house was owned by my mother and my stepfather at the time of his death in 2014
My apologies for the delay - i lost your question off my list and did not realise you had respondedAt present your mother owns half of the property out right and has the right to live in the other half as long as she wishes to do soSo she owns half of the property - and only her half is at risk from the care Home costsThe Council shoudl provide the wording of the letter that they require which you are entitled to sign using the LPA if you wish to do so and she agrees.Please ask if you need further details
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