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Helen Hill
Helen Hill, Lawyer
Category: Law
Satisfied Customers: 287
Experience:  LLB Law, Licensed Conveyancer and Probate Practitioner, Fellow of CILEx, Trust and Estates Practitioner (STEP)
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My sister has been left the family home in the event of my

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My sister has been left the family home in the event of my father's death. He is currently in hospital but will require care when he comes out. How does my sister stand with this
Assistant: Estate laws vary by state. What state are you in?
Customer: Sorry I'm in UK
Assistant: What documents or supporting evidence do you have?
Customer: A will lodged with probate service after my mother's death
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Not that I'm aware

Thank you for your question. I am a wills and probate lawyer so I will be able to help.

If your sister has been left the property under the terms of your father's Will she actually only obtains a legal interest in the property at the date of his death. During his lifetime the property is still entirely his. Are you suggesting it might need to be either adapted to suit his needs or sold to fund his care? As the property still belongs to your father he is able to do just as he pleases with it or whatever is necessary for him.

Does that answer your question or was there something more specific I can help with?

Customer: replied 8 days ago.
He doesn't want it sold for his care. He wants it to go to my sister.

Thank you for clarifying. If he undergoes a care funding assessment his property will be taken into account unless there is someone living in the property who is either over the age of 60 or who is vulnerable due to disability. If he tried to transfer the property to your sister now it would be seen as deliberate deprivation by the local authority and would still be taken into account in his assessment. I am sorry that this might not be the answer you were hoping for but sadly, when the need for care is already present, any estate planning that attempts to direct assets away from your father would be seen as an attempt to avoid paying care fees and wouldn't be effective.

Is there anything else I can help with?

Helen Hill and other Law Specialists are ready to help you
Customer: replied 8 days ago.
No thank you

Thank you for your kind rating, it is much appreciated.