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Buachaill, Barrister
Category: Law
Satisfied Customers: 10948
Experience:  Barrister 17 years experience
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My husband is in a nursing home , he has vascular dementia,

Customer Question

Hi my husband is in a nursing home , he has vascular dementia, last year our brother-in-law died , he left each of us 30% of his estate which equated to £460,000,£230,000 each as he is no longer able to deal with his finances what can do to obtain his share, we have a joint bank account , I am 90yrs of age my husband 92yrs
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Dear Beryl, what you need to do here is to apply to the Court of Protection for the appointment of a Deputy to handle the affairs of your late husband. This Deputy could be you or it could be someone younger, who can then handle your husband's affairs and deal with the inheritance he inherited from his brother in law. A Deputy has power to deal with all the assets of your husband and manage his care, such as giving consent to treatment should he need it.
Expert:  Buachaill replied 2 years ago.
2. Here is a link to the Government website which sets out the procedure for applying to appoint a Deputy and its powers once it has been appointed You should read it and get yourself a solicitor to help with the appointment process.
Customer: replied 2 years ago.
how long will this take ,and will I be entitled to his share
Expert:  Buachaill replied 2 years ago.
3. Please RATE the Answer as unless you RATE the answer your expert receives no payment for answering your Question so there is no incentive to answer any further questions.
Expert:  Buachaill replied 2 years ago.
4. Appointing a deputy will take 4-6 weeks at a minimum. However, you don't become entitled to his shares. It remains your husband's property and available for it to be spent upon him. It is only on his death that it would transfer to you.