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Ask Clare Your Own Question
Clare, Solicitor
Category: Law
Satisfied Customers: 35211
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Our mother is in a home in later stages of dementia, our

Customer Question

Hi, our mother is in a home in later stages of dementia, our dad is now poorly too. The will they made before this happened bequeathed their house to my brother and me, where do we stand with this?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** I shall do my best to help youThe position remains the same and the Wills stand.Please ask if you need further details
Customer: replied 2 years ago.
Does the government have a right tobtake my mums half of the house
Expert:  Clare replied 2 years ago.
Yes I am afraid the Local Authority can force a sale when your father no longer lives there - if there are no other funds available to pay the home costs - but the Will still stands for anything that is left
Customer: replied 2 years ago.
Is there anyway round this? Coukd my brother and I become shareholders in their property?
Expert:  Clare replied 2 years ago.
Do you know if your parents severed the joint tenancy?
Customer: replied 2 years ago.
My dad isnt sure, but we think it is a joint tenancy. Would that mean that local authority could take 100% if my dad passed first and not my mums 50% as we originally presumed. Do you have any advice for us what you think we should do. They have both worked hard to make sure their property went to my brother and muself. I need to find a way to make sure we get my dads 50% somehow if he would pass first. Any advice is appreciated, thank you
Expert:  Clare replied 2 years ago.
Is your father still mentally well?