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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12173
Experience:  30 years as a practising solicitor.
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I have Ms and my husband has just been diagnosed with cancer

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I have Ms and my husband has just been diagnosed with cancer -he has 2 adult kids and we have no children -the kids have talked their dad to go live with the daughter-my husband and I have a bought house(mortgage free) the daughter has really been deciding what happens to my husband -I think she is just after his money -if he does move in with her what rights as his wife do I have both for his health and his financial security. I think she might get him to sign a power of attorney behind my back -we have on our title deeds something that has with love favour and affection -can she get me out our house and take his money
Thank you for your question.
Is the house in joint names or just your name? What other assets do you have either individually or jointly.
Customer: replied 3 years ago.
The house is in joint names and in the deeds it has a thing saying love and affection or something -we have separate bank accounts and he has already received his pension as he is 67 and I am 52 -we both have separate life insurances as well -I think he has made a will but he has named his daughter as executor and not myself
Love favour and affection normally means the house was in one name and then was transferred to joint names afterwards.
Can you tell me if the title is granted to the survivor of the two of you. It will say in section B of the Land Certificate.
Customer: replied 3 years ago.
Yes I have just checked it has in section b the survivor ! We also have separate isa accounts
In that case the house is safe and will pass to you on your husband's death. Any money he has he can will to whoever he wants but you are entitled to a third of it by way of legal rights.
Unfortunately you can't stop him granting power of attorney to his daughter nor from him transferring his money to his children when he is alive, assuming he is mentally competent.
So the answer to your question Is no, she can't take the house but yes, she could get his money if he agrees to give it to her.
Happy to discuss further.
Customer: replied 3 years ago.
So if she has power of attorney does that mean I can't or won't be able to organise my own husbands funeral ?
No, the power of attorney ends on death. You are able to organise the funeral unless his will says otherwise. The executor normally organises the funeral.
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