complex care home situation

[forumdot]

Is there anything can be done legally when home is in a persons name who needs to go into a care home, although the documents are in her name her son paid for the house and the endowment that run alongside it was in his name. He has sadly passed before her but it should be written in her will that the house was passed on to his children. He lived with her right up to him passing to take care of her but now his siblings have put her in a home. There is proof of mortgage payments he paid and the endowment insurance policy he held

[forumdot]

Anyone please ????

[Amethyst]

Apologies for your post being missed.
Ill tag Peridot for you as she's far more knowledgeable than I
The Will is irrelevant until she passes and could well exclude any child who pre-deceased her.
Is there equity in the property ? ( I think it's around £25k capital for it to be sold ( odeferred)for care home fees )
Was the endowment policy in his name ? ( and if so what happened to it when he passed ?)

[Peridot]

Hi Forumdot,
So the property in question is in the mother's name but effectively paid for by the son, is that correct?
As Amethyst mentioned above when the son passed away what happened to the endowment policy? Is the property still mortgaged?
The fact he left his estate to his children will not have any bearing on this situation as technically he didn't own the house his mother does. His estate may have a potential claim against the mother's property but they would need to seek face to face legal advice on this and look at whether they could argue there was a trust created with his paying for the mortgage and endowment policy. There are time limits and evidence would be needed such as proof of intentions and payments etc.
Does the mother have capacity to make her own decisions still? Is anyone living at the property still? I would recommend that the son's estate seek advice as soon as possible as the property value will be important when calculating the care fees due. If there is no one living at the property then it could be sold to fund the mother's care as soon as possible.
Does anyone have power of attorney for the mother if she is unable to make her own decisions any longer?
You need to find a property litigation specialist to provide some initial advice on the options that may or may not be available to the son's estate. You can search for a solicitor here:- http://solicitors.lawsociety.org.uk/
Further advice on care fees can be found here:- https://www.moneyadviceservice.org.u...-how-they-work