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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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My mother recently passed away. 9 years ago I returned home

Customer Question

My mother recently passed away. 9 years ago I returned home with my husband and son (now 28) to live with her and my father as they were in poor health. My father passed away last year and my mother inherited his entire estate. Prior to his passing I cared for my dad as he was crippled with arthritis and had had 4 heart attacks.
I have had PoA for my mother for 3 years as she had Vascular Dementia (diagnosed in 2007) and Alzheimer's Disease (diagnosed 2011) and had been in bed for 3 years. Prior to that for 3 years she was unable to be on her own night or day as she wandered and was very confused. I continued to work part time as a university lecturer and run a small social enterprise and employed a personal assistant to be with mum 6 hours per day 5 days per week. The rest of the time I cared for her.
Her will leaves her estate to myself and my brother. I haven't spoken to him for 3.5 years when he said he didn't want to be involved in caring for my parents and I have no idea of his whereabouts.
As I put my career on hold and made the decision to live with and look after my parents there is still the house to inherit (worth 150K). Had my parents gone into a home the house would have had to be sold to cover the costs. I am worried I will be unable to raise a mortgage against my small income and wondered whether I could invoice my brother for half the care I provided? This is a difficult one but at the moment I could be made homeless for doing the right thing by my parents and ensuring they stayed at home as they wished.
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
HiThank you for your questionMy name is ***** ***** do my best to help you but I need some further information firstHow much is the Estate worth and were any promises made about your receiving the house?
Customer: replied 2 years ago.
The house is valued at 150k and there is 15k cash in a current account. 3 grandsons are bequeathed 1k each and the rest of the estate shared between my brother and I. My father wanted to change his will before he died to leave everything to me but I was of the opinion that this wouldn't be wise. He made his wishes clear to his sister and other family members.
Expert:  Clare replied 2 years ago.
Have you looked into your mortgage capacity?
Customer: replied 2 years ago.
Yes it will be a struggle as I earn 6k pa and my husband is self employed turning over 30k but offsetting tax so his personal tax shows earnings of less than 10k.
Expert:  Clare replied 2 years ago.
Who are named as executors?
Customer: replied 2 years ago.
Yorkshire Bank
Expert:  Clare replied 2 years ago.
Have you discussed matters with your brother?
Customer: replied 2 years ago.
No I don't have any contact with him - no phone numbers or address. He was unaware when my father died and is unaware my mother has passed away