Is it OK to join my mother in her bungalow.

[HannaJayne52]

I am now 60 and caring for my mother.
My father passed away 2 years ago and my husband nearly a year ago.
My father's half of the bungalow was left to me and I am now a tennant in common.
My mother is 85 and she has some physical problems but there is no sign of dementia and as far as the doctor and myself can forsee there is no reason why I should not be able to manage her.
I own half of a 4 bedroom detached house. My 2 daughters inherited the other half.
My mother has sugested I sell my house, pay my 2 daughters off and go and live with her.
My 2 daughters have said that is fine with them if that is what I want to do.
Their houses have mortgages on then both less than £30,000 so these could be paid off.
The only concern I have is if my mother has to go into care in the future what will be my position in relation to living in the bungalow.
I know I will have half the proceeds from the sale of the house but a woman who lives by my mother has only just gone into a nursing home and she is 101.
If my mother follows the same pattern she may not need care for 16 years and the price of property could have risen to a pont so I will not be in a position to buy my mothers half.

Hanna

[HowardKennitby]

I don't understand what you are asking. If you sell your house why would you need to 'pay off' your daughters?

[Baldric]

Although the OP only joined Ab a couple of hours ago I'm sure I've read this exact post before and quite recently but can't find it at the moment.

[chrissa1]

Me too Baldric.

[chaptazbru]

Under Law 10:10 Thursday 2 February ......

[chaptazbru]

Under the name JaneGray.

[ubasses]

If you are living with your mother and owning half a share they cannot evict you or force you to sell, they will try all sorts of suggestions to get you to pay but resisit. They can register a caution at Land Registry to recover any fees they have paid if you sell at a future date. However if you remain living in the house until after you have inherited her half it will make it very difficult you have the right to have sufficient funds to purchase another property to suit your needs. I assume that you wish to sell your house to pay your daughters the value of the half your late husband left them. All in all you have a valid reason for selling your property and moving in with your mother to become her carer. The longer you are with her before a care home is needed the stronger your case.

[BradyJa]

Hi Hanna

Under present rules you can not be evicted if you move in with your mother and no charge can be put on the property or the council can not force a sale if you live there until your mother passes awa.

You are now 60.
The property is jointly owned and you have a right to live there.
You are also your mother's carer.
The main problem is the government is always saying that the rules re Care Home Fees will have to be reviewed in the near future and what they will be is anybody's guess.
All I can say is if the rules change I hope regard will be given to situations where people became carers prior to the rule change but who knows?.

[BradyJa]

Hi everybody

I have noticed this question keeps on coming up and I am not surprised as I think it is policy of councils to get the relatives to pay if they are legally obliged to or not.
I know somebody who was advised by a Social Worker he was liable for his mothers care fees.
His mother had little money and moved out of her Council House and went to live in his bungalow worth about £800,000.
Where as I accept he took his mother into his very nice bungalow and released a council house as a result this did not mean he agreed to pay her care fees or was legally obliged to do so.

[factor-fiction]

It seems complicated me to have these arrangements where wills are written such that houses belong half to the remaining parent and half to the children and it seems there is the potential for problems. (Even if mum gives up her half the two children will then share it leading to possible issues later when one wants to sell/move.) What are the benefits of these arrangements- is it seen as a good way to avoid care home costs in some way?

[BradyJa]

Hi Factor30

Prior to about 2006 if an estate was left to the spouse and then to the children and if say the total estate was £570,000 at the time then 40% inheritance tax would have been payable on £285,000 of it ie half of the estate as inheritance tax kicked in when an estate got to £285000.
If the one spouse left their £285,000 to the children and the other spouse left the other £285,000 when they passed away later then no inheritance tax would be payable.
It does make the house unavailable for care home fees as the house can not be sold without the consent of the children as they will have right of occupation.
It also prevents a spouse getting a partner and passing on the other spouse's share to them.
There are a lot of gold diggers even amongst elderly people looking for money for their children.

[HannaJayne52]

Hi Howard

If I sold my house I would have to pay my 2 daughters off as they are legal owners of half of it.
They inherited my husband's share.

Hanna

[HannaJayne52]

Hi Factor 30.

My parents made their will in 1999 and became tennants in common that year.
As the bungalow is worth about £450,000 if my mother had inherited it under the rules at that time inheritance tax would have been payable but these rules have now changed so my parents estate will not be subect to inheritance tax.
My mother / father also objected to a future partner getting their share of the estate and hopefully the bungalow can not be taken for care fees in the future as I will be an owner occupier.

Hanna

[HannaJayne52]

Hi Brady

You are right and probably laws could be changed in the future so there is not a 100% guarantee.
I think it would be unwise for Councils to force carers out of properties because we would get to a point where the offspring will not want to care for their parents if they risk being homeless.

Hanna

[HannaJayne52]

ubasses.

You said '' The longer you are with her before a care home is needed the stronger your case''.

I know an elderly lady who was OK, looking after herself and was driving.
Six months later she was in a home with dementia.

Hanna