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MarianC
MarianC, Solicitor
Category: Law
Satisfied Customers: 1022
Experience:  20 years experience in Wills and Probates and Trusts
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My father is currently in a Care home, suffering with

Customer Question

My father is currently in a Care home, suffering with Alzheimers. Several years ago, my parents set up a Property Trust, where by in the event of the death of one of them, their half of the property was transferred to myself, and my sister, with a small percentage also going to grandchildren, with the remaining 50 percent still belonging to the surviving spouse, and the surviving spouse having the right to remain in the property for as long as they are alive.
JA: Since estate law varies from place to place, can you tell me where this is?
Customer: UK - Herts / BedsSorry, havent finished! My Mother passed away in 2019, and as previously mentioned, my father is now residing in a care home. His savings have now dwindled to the point that Social Services have become involved.
JA: What documents or supporting evidence do you have?
Customer: We have the trust papers. We have been told by Social Services that the house must be sold to pay for his care as he still technically owns half of it as an asset, although this was not what we were told by the original solicitor, who said this would not happen, as 'half a house' is technically worthless.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Social Services have also said that it works by them paying the bills in the mean time, and then we would owe them the money, which would be taken from the sale of the house when it is sold. We need to know if this would be taken from only my fathers half ot the house, or the whole amount, should the bill come to more than what his half of the house is worth.
Submitted: 11 days ago.
Category: Law
Expert:  MarianC replied 11 days ago.

Good afternoon, thank you for your question, I am sorry to hear of your situation. The most the council could recover is 50% of the value of the house, althought they tend to charge interest on unpaid care fees so you may wish to try to sell the house sooner rather than later.

kind regards

Marian

Customer: replied 11 days ago.
Many thanks
Expert:  MarianC replied 11 days ago.

thank you, ***** ***** have any further questions.