Using house to pay care fees

mcg8029

Hi, my brother is mentally disabled with hearing difficulties and continues to live in the family home in Wales following our mothers death 4 years ago. My mother’s Will set up the house into a discretionary trust for for the benefits of her 3 sons and family. My disabled brother now 74 needs to enter a care home and his social care worker has identified one which looks suitable. Will we have to give social services all the proceeds from selling the family home or will they agree to taking one third, the other two thirds being divided equally between myself and my other brother?

Ross_Alumni

Hello @mcg8029

Welcome to the community, it's lovely to see you join us.

I'm not certain what proportion of the house sales would have to go towards paying the care fees, but I found this page on the Age UK website about selling your home to fund care which may be of interest to you.

I have moved your discussion over to our families category

This is a very supportive and welcoming site to be a part of so I’m hopeful that you’ll find it to be a positive outlet. Feel free to have a look around and get involved wherever you’d like 😊 I have included below a few of the pages I’d recommend having a look through to get used to things:

• The virtual coffee lounge which is one of our categories, in which we play games and talk about general subjects such as hobbies and interests
• The recent discussions page, which shows an overview of everything happening across the community
• The categories page, which shows a full list of discussion groups on the community

If you have any questions at all then don’t hesitate to ask.

and marked it as unanswered. 

mcg8029

Thank you I will read the links and hopefully someone on the forum can direct me how to respond to the requests from the financial social services.

L_Volunteer

You are welcome @mcg8029. It is the very least you deserve. I hope you find the links helpful.

You said hopefully someone on the forum can direct you on how to respond to the requests from the financial social services. What would you like to know in particular? - how to practically reply or how to word your reply?

Knowing this will hopefully help us to help you. Take care for now and we will look forward to hopefully hearing from you again soon 

ShirleyW

mcg8029 said:

Hi, my brother is mentally disabled with hearing difficulties and continues to live in the family home in Wales following our mothers death 4 years ago. My mother’s Will set up the house into a discretionary trust for for the benefits of her 3 sons and family. My disabled brother now 74 needs to enter a care home and his social care worker has identified one which looks suitable. Will we have to give social services all the proceeds from selling the family home or will they agree to taking one third, the other two thirds being divided equally between myself and my other brother?

I don't think that you are going to get an answer to this problem from an online forum.

It's a legal matter and I think you need to speak to a solicitor.   I  would start with the solicitor who drew up your Mother's will.

In my opinion the house has been left to all three of you and therefore Social Services will only have a claim on 1/3rd of it. 

You can usually get about 30 minutes free advice from solicitors.