This is all a little complicated i think...
but hello to all people on LB first of all and thanks in advance for any pointers/advice given!
i'll try and keep it as simple as possible.
Nearly 5 years ago my father in law died after a short illness that we were not prepared for. He was full time carer to my MIL who had MS. So suddenly we were left with decisions, stress etc of looking after her. She had recently been having rest bite care in a home so we continued. FIL had power of attorney and this was arranged (just as a matter of course) that if anything happened to FIL then my wife would be power of attorney. Before he died he had just started to do up the house they lived in and had paid for and booked lots of bits so we just left this to continue under advice from the solicitor.
Fast forward 4 years, MIL is in a newer, nice care home and is being looked after very well there. She is funded by NHS CHC system and her benefits.
The house has remained empty all this time as not all work was completed. We decided in the last year to finish this work and make sure it was all in good repair. Brother in law was not named PoA and never wanted to be. He insisted that when work had finished that my wife and I should move in to the house. Something we always refused to do. (He was reluctant to have any strangers in the house)
in the last few months myself and wife have separated, because we couldn't afford to live in two different houses we decided to rent out our house to make sure the mortgage was covered. I moved back to my parents spare room and my wife moved with my daughter to the empty in laws house. (I should add there is no mortgage on this house) this was done with BiL insistence that his sister and niece were safe.
My wife has always been uncomfortable in doing this, but we saw it as a good solution and something her mum would be happy with (and she says she is happy with this) (as much as she can)
However, last week my wife and her brother had a massive row and he said he didn't care to see her anymore and a lot of unpleasant things, and was very aggressive. But after the row he did tell his wife to make it clear to his sister that he didn't want her to move out of the family home.
He is, however a very changeable person and with his aggression I know it scares my wife. He has a key for the property and she is worried he could come round whenever he likes and also now they aren't going to see each other she doesn't want to be "held" to ransom by her brother. Which I completely understand.
In her mothers will the only beneficiaries are her and her brother split 50/50.
Where does she stand legally and for piece of mind?
should she leave the house and rent somewhere? She pays the bills and council tax there.
If she paid her mother some rent (peppercorn?) would that legally cover her?
Can she change the locks?
I know for a fact that if her mum was well then she would make her live with her in house so she was supported and safe.
There is no other family. I do not speak to the BiL and do not get on. So no point in me even trying to resolve this situation.
So I need some direction.
thank you!
but hello to all people on LB first of all and thanks in advance for any pointers/advice given!
i'll try and keep it as simple as possible.
Nearly 5 years ago my father in law died after a short illness that we were not prepared for. He was full time carer to my MIL who had MS. So suddenly we were left with decisions, stress etc of looking after her. She had recently been having rest bite care in a home so we continued. FIL had power of attorney and this was arranged (just as a matter of course) that if anything happened to FIL then my wife would be power of attorney. Before he died he had just started to do up the house they lived in and had paid for and booked lots of bits so we just left this to continue under advice from the solicitor.
Fast forward 4 years, MIL is in a newer, nice care home and is being looked after very well there. She is funded by NHS CHC system and her benefits.
The house has remained empty all this time as not all work was completed. We decided in the last year to finish this work and make sure it was all in good repair. Brother in law was not named PoA and never wanted to be. He insisted that when work had finished that my wife and I should move in to the house. Something we always refused to do. (He was reluctant to have any strangers in the house)
in the last few months myself and wife have separated, because we couldn't afford to live in two different houses we decided to rent out our house to make sure the mortgage was covered. I moved back to my parents spare room and my wife moved with my daughter to the empty in laws house. (I should add there is no mortgage on this house) this was done with BiL insistence that his sister and niece were safe.
My wife has always been uncomfortable in doing this, but we saw it as a good solution and something her mum would be happy with (and she says she is happy with this) (as much as she can)
However, last week my wife and her brother had a massive row and he said he didn't care to see her anymore and a lot of unpleasant things, and was very aggressive. But after the row he did tell his wife to make it clear to his sister that he didn't want her to move out of the family home.
He is, however a very changeable person and with his aggression I know it scares my wife. He has a key for the property and she is worried he could come round whenever he likes and also now they aren't going to see each other she doesn't want to be "held" to ransom by her brother. Which I completely understand.
In her mothers will the only beneficiaries are her and her brother split 50/50.
Where does she stand legally and for piece of mind?
should she leave the house and rent somewhere? She pays the bills and council tax there.
If she paid her mother some rent (peppercorn?) would that legally cover her?
Can she change the locks?
I know for a fact that if her mum was well then she would make her live with her in house so she was supported and safe.
There is no other family. I do not speak to the BiL and do not get on. So no point in me even trying to resolve this situation.
So I need some direction.
thank you!
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