Mom's House, Dad's House: A Complete Guide for Parents Who are Separated, Divorced, or Remarried

£12.085
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Mom's House, Dad's House: A Complete Guide for Parents Who are Separated, Divorced, or Remarried

Mom's House, Dad's House: A Complete Guide for Parents Who are Separated, Divorced, or Remarried

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Price: £12.085
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I felt that my husband was changing in that his memory was faultering after he had an anethsetic for a knee replacement, and jumping forward to the future I was worried that should any of us need care, we needed to protect our children`s inheritance. The countryside escape is located in West Sussex, Surrey – Midhurst, 12 miles from Chichester, to be exact. Please call our Dementia Connect support line on 0333 150 3456 if you and your brother would like further dementia information, advice and support. Our advisers are available seven days a week: https://www.alzheimers.org.uk/dementia-connect-support-line When the person has deferred around 70 per cent of the value of their property, the local authority should discuss with the person (or their Power of Attorney or Deputy for Property and Financial decisions) whether a DPA continues to be the best way for the person to pay their care home fees and whether they may be entitled to any means-tested support from the local authority. The tax implications of gifting money are dependent on a combination of factors, including the amount of money in question, who the money is given to, and why it is given.

It would depend on why he had put the property in his children’s name in the first place, and care should be taken on this point to avoid deliberately depriving the local authority. There may be a range of reasons why he would want to pass the house to his children in advance. If he does not, you can serve him with a notice telling him that you are severing the tenancy unilaterally. This would need to be registered at the land registry, and you should seek advice on how to do this, from ourselves or others. Here we've listed some of the ways to do this. Remember, every situation is different and there will be products out there more suitable to some than others. It's a good idea to take independent financial advice when making such decisions.This is a complex area. Please note that the following information is general guidance, rather than legal or financial advice.

Hope you can give guidance as I’m worried every thing she’s worked for and wanted to pass on to me will disappear as she’s worked all her life and wanted to do this in advance thinking I will be secure for my future if anything had to happen to her?

Bank of Mum and Dad support guides

Using your pension to help your children onto the housing ladder can cause serious financial problems if you're not careful. If your father in law has a partner who would be remaining in the property, then the value of his main home would not be included in the financial assessment for permanent residential care. This is called a Mandatory Property Disregard. This would also apply if there was a family member who is over-60 or assessed as incapacitated who would be remaining living in the property. However, whether it is deemed a deprivation of assets depends on the individual circumstances and someone having a diagnosis of dementia does not necessarily mean a deprivation has occurred or they cannot use their money as they wish.

However, there are other pitfalls involved in simply gifting your house to your children. These range from the problem of one child dying, divorcing or going bankrupt while still owning a share of your property to the children or ‘throwing out’ the person owns the house. Very importantly, when the children come to sell the house there would be capital gains tax to pay on any rise in the price of the property. To put that in to perspective, that's just less than Clydesdale Bank lent on mortgages in the whole of 2017. Some people can rent out their property and use the rental income to cover care fees. This wouldn’t suit everybody, but it could work for some. Firstly it seems to me that it will be a long and difficult road if you decide to sue your sister for so many reasons. You should seek specialist legal advice before doing so, but on the facts presented it is difficult to see how she could be found personally liable. Transferring your father’s house while acting under an LPA would almost certainly be seen as deliberate deprivation, and it is hard to see how this would be in your father’s best interests.If you die however, the value of the gift will be added to your estate, and the tax due will be paid out of your estate. If they get divorced or go bankrupt or even die, your house is part of their assets and who knows what might happen

She is self funding. The savings she has will run out in over a years time, at which point her property would have been sold to pay for her continued care. I live in a rented council property. I have a chronic condition which is worsening and I am classed as disabled. She insisted again that this was 100 per cent serious and that she expected me to do it. Explanation This creates challenges for those providing financial advice, many of whom will be expert in one area – pensions, investments or mortgages – but who will not necessarily have the qualifications or permissions required to advise across the spectrum.' What are the alternatives to the Bank of Mum and Dad? We are really sorry to hear about your mum's recent passing. This must be a very difficult time for you. Please know that you can call our Dementia Connect support line on 0333 150 3456 to talk with one of our advisers. They can provide you with emotional support, should you need it. They're available seven days a week: https://www.alzheimers.org.uk/dementia-connect-support-line

This is a complex situation and you would be well advised to take paid for legal advice before taking the action you suggest. If there is a child living in the property, then as long as the child is over 60 it will be disregarded. If the child is under 60 it is at the discretion of the local authority. I suggest that you take advice on this matter – it should take no more than 30 minutes of someone’s time – so that you can have the Will, and the implications, fully explained to you.



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