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Inheritance
My mother passed away nearly 6 years ago leaving her half of the house Dad now occupies to me.
In addition I lent my father £35,000 4 years ago and took a charge over his half of the property making my total interest about £200,000 and the £35,000 plus interest is repayable on his death or him going into a nursing home.
My father has now announced he is getting married to a lady 13 years younger than him.
I know Dad could will his half of the house to her hopefully less the £35,000 plus interest.
As the lady is likely to outlive my father will I have to wait until she passes away.
I am not happy with this as I am now nearly 55.
Hastler
In addition I lent my father £35,000 4 years ago and took a charge over his half of the property making my total interest about £200,000 and the £35,000 plus interest is repayable on his death or him going into a nursing home.
My father has now announced he is getting married to a lady 13 years younger than him.
I know Dad could will his half of the house to her hopefully less the £35,000 plus interest.
As the lady is likely to outlive my father will I have to wait until she passes away.
I am not happy with this as I am now nearly 55.
Hastler
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1. When he marries, his will becomes invalid unless it was made in expectation of the marriage (which, from what you say, is clearly not the case). So either he makes a new will or he dies intestate.
2. You must have a right to live in the house, as 50% owner. Consequently, the value of the other 50% (if you took up that right) would be very low. However, that is really immaterial unless it helped you buy out his wife after his death. The soliciotr should advise you on this, but I doubt whether it would help as she would be living in the house.
3. Your £35K loan (plus interest if the charge has been worded correctly) is protected by the charge. If your father makes a will leaving his 50% to his wife then she will take it subject to that charge.
4. Have you & your father made any arrangements other than the charge for repayment of the £35K? Was the loan made for life or until he went into a home? Or was the term of the loan left vague? If the latter, it might be you could demand repayment - ask the solicitor. But you might not want to do that if it would mean your father & you having to sell the house so he could repay you.
2. You must have a right to live in the house, as 50% owner. Consequently, the value of the other 50% (if you took up that right) would be very low. However, that is really immaterial unless it helped you buy out his wife after his death. The soliciotr should advise you on this, but I doubt whether it would help as she would be living in the house.
3. Your £35K loan (plus interest if the charge has been worded correctly) is protected by the charge. If your father makes a will leaving his 50% to his wife then she will take it subject to that charge.
4. Have you & your father made any arrangements other than the charge for repayment of the £35K? Was the loan made for life or until he went into a home? Or was the term of the loan left vague? If the latter, it might be you could demand repayment - ask the solicitor. But you might not want to do that if it would mean your father & you having to sell the house so he could repay you.
Hi themas
I am not really worried about the ownership of the house and the charge is definitely in place and my name is on the land certificate.
If my father wills his half to her she will be a 50% owner subject to the charge and will probably gain the right to live in the house.
She does not own a house and rents from the council.
What concern's me is will the court order a sale of the house if my father passes away before her when I have another fully paid for house.
Also if she stays in it will she pay for repairs, insurance and council tax etc.
Half a house is no good to me if I will not be able to sell or use it for possibly 25 years.
The terms of the £35,000 loan are it is repayable on my father's death or him going into care.
I am just hoping I could force repayment of the loan immediately if this happens and if she can not pay then I would want to sell the house to recover the money and my half share.
I am not really worried about the ownership of the house and the charge is definitely in place and my name is on the land certificate.
If my father wills his half to her she will be a 50% owner subject to the charge and will probably gain the right to live in the house.
She does not own a house and rents from the council.
What concern's me is will the court order a sale of the house if my father passes away before her when I have another fully paid for house.
Also if she stays in it will she pay for repairs, insurance and council tax etc.
Half a house is no good to me if I will not be able to sell or use it for possibly 25 years.
The terms of the £35,000 loan are it is repayable on my father's death or him going into care.
I am just hoping I could force repayment of the loan immediately if this happens and if she can not pay then I would want to sell the house to recover the money and my half share.
Hi Cath
I think he was upset that she was trying to get money from our side of the family and she thought Dad was within his rights to take my inheritance back.
We wanted to take him out to his favourate restaurant tonight but it is full.
We asked him if he wanted to try elsewhere but he wants to wait till tomorrow.
I think he was upset that she was trying to get money from our side of the family and she thought Dad was within his rights to take my inheritance back.
We wanted to take him out to his favourate restaurant tonight but it is full.
We asked him if he wanted to try elsewhere but he wants to wait till tomorrow.
Yet another case of a female 'Gold Digger' latching on to a man just to get a free house !!. Yet there are those on AB who say such a thing would never happen.
I was going to suggest that you had a quiet word with the prospective wife and told her the legal side of things. I was willing to bet you wouldn't see her for dust.
I was going to suggest that you had a quiet word with the prospective wife and told her the legal side of things. I was willing to bet you wouldn't see her for dust.
Hi Hastler
I have overheard conversations on a few occasions where people have said that if a woman is a man's partner for a substantial time they will get the house and the money in priority to the children even if the children were part owners.
I knew this was not right but I am unsure if they could get a right of occupation till they pass away if the man owns half of the house and wills his half to her.
As I have said it would be no use me owning half a house I could not use and also have £35,000 tied up in it.
Fotunately Dad has seen things in the same way.
Anyway must go. Dad wants to go and look for a new carpet today.
I have overheard conversations on a few occasions where people have said that if a woman is a man's partner for a substantial time they will get the house and the money in priority to the children even if the children were part owners.
I knew this was not right but I am unsure if they could get a right of occupation till they pass away if the man owns half of the house and wills his half to her.
As I have said it would be no use me owning half a house I could not use and also have £35,000 tied up in it.
Fotunately Dad has seen things in the same way.
Anyway must go. Dad wants to go and look for a new carpet today.
F30 I know of 6 such cases from just my own life over the last 5 years.
One elderly widowed guy I knew well had 4 female housekeepers , not all at once, to help him look after his house, they had a free room and no bills in return for doing the houdsework and shopping. All 4 of them tried to get him to leave them the house in his will and he had to sack them. The last one stole a lot of his stuff and sold it as well. We had to change the locks to keep her out after she had been told to leave. She called the police but they told her to get out or be arrested for theft.
One elderly widowed guy I knew well had 4 female housekeepers , not all at once, to help him look after his house, they had a free room and no bills in return for doing the houdsework and shopping. All 4 of them tried to get him to leave them the house in his will and he had to sack them. The last one stole a lot of his stuff and sold it as well. We had to change the locks to keep her out after she had been told to leave. She called the police but they told her to get out or be arrested for theft.
One of my friends father had a lady friend for about a year and had to terminate the friendship as she wanted his house to be willed to her family.
Unfortunately he got dementia about 3 years later and my friend cared for him for over 2 years and then he had to spend his final 6 months in a nursing home.
This lady came back about 6 months after the funeral trying to say if he had been in his right mind he would have left his estate to her family. As it happened my friend was the sole beneficiary and the house etc had been transferred into her name within 3 months of the father's death.
She said she was going to contest the will but nothing ever happened.
Unfortunately he got dementia about 3 years later and my friend cared for him for over 2 years and then he had to spend his final 6 months in a nursing home.
This lady came back about 6 months after the funeral trying to say if he had been in his right mind he would have left his estate to her family. As it happened my friend was the sole beneficiary and the house etc had been transferred into her name within 3 months of the father's death.
She said she was going to contest the will but nothing ever happened.
I know one case here in my home town where the 'Lady Friend' virtually frog marched the guy to the bank to change his life insurance policy so that she got his cash on death. Luckily the bank realised what was up and asked to talk to him on his own, he told them it was all her idea and he was scared to do anything, they told the 'Lady' that it was not possible to change it and she stormed out of the bank leaving him there. He had only been with her a month when this happened.
Yes, there does seem to be a lot of this around than I'd realised- there are some good examples here on AB:
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Hi 888Sally888
Are you sure its not children trying to persuade their parents to sell their home and to buy a bungalow or flat?.
I tried to talk Dad into buying a bungalow and I took him to see 2. It would have meant me lending him more money.
Unfortunately Dad has been in the house for 52 years and he seems to take the attitude that is home and that is where he is staying.
My husband and myself are considering selling our house and buying a bungalow. Maybe if Dad saw our set up bungalow he may be tempted to go and live in it and the house will be plenty good enough for us for the likely duration of Dad's life.
When he passes on we could then move into the bungalow and sell Dad's house.
Are you sure its not children trying to persuade their parents to sell their home and to buy a bungalow or flat?.
I tried to talk Dad into buying a bungalow and I took him to see 2. It would have meant me lending him more money.
Unfortunately Dad has been in the house for 52 years and he seems to take the attitude that is home and that is where he is staying.
My husband and myself are considering selling our house and buying a bungalow. Maybe if Dad saw our set up bungalow he may be tempted to go and live in it and the house will be plenty good enough for us for the likely duration of Dad's life.
When he passes on we could then move into the bungalow and sell Dad's house.
