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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12293
Experience:  30 years as a practising solicitor.
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Sorry to bother you but wonder if you can help. My husband

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hi sorry to bother you but wonder if you can help.My husband who died in August 2017 who, along with his brother, were given a property each by their mum (who is still alive) in June 2016 which was transferred into my husband's name. As part of my husband's estate this is now in the process of being changed into my name.My husband's brother who is nasty is now saying that my husband's property has to be returned to the mother
Customer: replied 4 months ago.
we live in Scotland
Customer: replied 4 months ago.
I am worried sick as his mother now has dementia and he has power of attorney
Customer: replied 4 months ago.
apparently my brother in law's lawyer has advised him to purchase his property now from his mother and get my husband's property back as part of his mother's assets
Customer: replied 4 months ago.
in case she has to go into a care home and it has to be paid for

Thanks for your question. I am a solicitor in Scotland. If the Property was transferred to your husband neither his mother nor his brother has any claim on it. It goes to you as your husband’s beneficiary and that is the end of it as far as I can see. The care home issue is a risk that his mother took at the time of the transfer and certainly can’t affect you. Happy to discuss further. I hope that helps. Please leave a positive rating so that I am credited for my time.

Customer: replied 4 months ago.
thank you so much just one other thing if she were to go into a care home could the council claim it back as deprivation of capital

No they can’t claim the house back. The local authority can refuse to pay the cost of care on the basis that the person has deprived themselves of the capital. That however is not a matter for you; you have inherited the house.

JGM and other Scots Law Specialists are ready to help you
Customer: replied 4 months ago.
thank you so so much you have put my mind at rest