Dad signing over his house to me and my sister to avoid selling it if he is ill.
#31
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If they have dementia and cannot be left alone how would you continue to work/ bring up your own family? What if they were aggressive to your children? Or double incontinent - could you wipe your own mother's backside?
My MIL cared for her mother because she refused to put her in a home, it ended with her having a nervous breakdown because of it and it still affects her mentally twenty years later.
I don't 'owe' my parents, they would never expect me to become a 24-hour nurse to them (I do know this for a fact, have already had the conversations and know exactly what they would want me to do).
#32
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I know from chatting to other people that they assume private patients must get more for their money for some reason.
It seems very harsh that people work all their lives to pay a mortgage and then they have to sell their house to pay for care.
#33
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There is no way my mum could have coped looking after him. He has had two strokes, is epileptic, disabled and is badly brain damaged.
So to those who thinks it is easy to look after someone whilst providing the correct care, go and try it yourself.
The home provides far better care than we can, plus he gets visitors nearly every day. It wasn't an easy decision and I was completely against the idea of putting him in a home at first. But that was more of me being in denial rather than making an informed decision. Also, if their is a spouse that is still in the family home, they are not expected to sell their property to pay for the partners care.
To the original poster though, please don't take our word for it. Go and see the solicitor. The government are stop stupid and have heard all of this before.
One thing I would recommend though is make your Dad has put in place Power of Attorney for you are your sister. My Dad didn't and we had to go through the court of protection which was a nightmare. All signed off now and my mum is left alone to handle everything, where as in the first few years, she had a yearly visit from the inspectors where she had to produce yearly accounts.
Last edited by Gear Head; 07 January 2011 at 02:20 PM.
#34
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Paul will be liable for a £200k capital gain as it is not his primary residence. IHT probably would not get you but CGT could and tax on a £200k capital gain will not be pretty!
Is your father a member of Saga - I am sure they could recommend someone. There are also people on here who specialise in IHT and CGT.
Is your father a member of Saga - I am sure they could recommend someone. There are also people on here who specialise in IHT and CGT.
But surely this would only need to be paid if and when the house was ever sold?
#35
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OP if I was in your Dad's position I would want to know what would happen if you/ your sister had to sell his house for some reason (while he was still living there) eg one of you goes bankrupt or gets divorced - would the house be classed as an asset?
Even very close families can come to blows when money is involved.
Even very close families can come to blows when money is involved.
#36
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This is the best way to do it by putting the house in a trust. I looked into it recently but couldn't find anyone who could do it as it is apparently specialised work. Be intrested in persuing it if I could find someone to do it.
#37
Hi,
My dad is getting on a bit but is in good health. He owns his own home. Can he sign it over (or sell it for a nominal fee) to me and my sister so that if he has to go into a home at some time he doesn't have to sell it.
I'd like to think he can trust us.
How do we go about it.
I understand there is a time period from signing it over to the time he may have to go in a home.
Any tips or advice.
My dad is getting on a bit but is in good health. He owns his own home. Can he sign it over (or sell it for a nominal fee) to me and my sister so that if he has to go into a home at some time he doesn't have to sell it.
I'd like to think he can trust us.
How do we go about it.
I understand there is a time period from signing it over to the time he may have to go in a home.
Any tips or advice.
I imagine there will be clauses in the law which would make the tax very difficult to avoid. You need very good professional advice I reckon.
Les
#38
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after its transfered they have to live 6 years or they can come after you for duty anyway at 40% i believe. Its a good idea what you plan as it stops the filthy goverment taking nearly half. If its bought by you there is nothing stopping him giving you the money back afterwards etc. as said proffessional advice needed but excellent idea
#39
I have heard of cases like this where one sibling demands their share of the value of the property - sometimes forcing a sale. can get nasty!!
#40
I cant see why the OP would want to do this
If the OP dad does go into a nursing home at some point (god forbid) and the OP has the house ,who would pay for the nursing care ???
I cant see any other reason to transfer the house than to avoid paying for care later on
If the OP dad does go into a nursing home at some point (god forbid) and the OP has the house ,who would pay for the nursing care ???
I cant see any other reason to transfer the house than to avoid paying for care later on
#41
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get a good solicitor , buy the house off him for a pound then put it in trust for your children , charging your father a pound a year peppercorn rent paid to the trust . as its a trust and children under 18 dont pay tax job done . providind he goes in a home before they are 18 job done cameron gets nothing
#42
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I cant see why the OP would want to do this
If the OP dad does go into a nursing home at some point (god forbid) and the OP has the house ,who would pay for the nursing care ???
I cant see any other reason to transfer the house than to avoid paying for care later on
If the OP dad does go into a nursing home at some point (god forbid) and the OP has the house ,who would pay for the nursing care ???
I cant see any other reason to transfer the house than to avoid paying for care later on
#43
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Just been told one scenario.
Dad signs house over to me and sis. One of us is killed, leaves estate to dad, he has to pay inheritance tax on his own house.
Dad signs house over to me and sis. One of us is killed, leaves estate to dad, he has to pay inheritance tax on his own house.
#44
This has nothing to do with the father,its about the children not wanting to lose out
#45
Why should my mother have to pay for her care when she is mentally ill? The money from the sale of her house, will probably only be enough to fund her care for about 5 years. If she had just become frail and decided to go into care because she felt she couldn't cope (as our old neighbour did), then fair enough, but she had no choice in the matter. The rate at which she deteriorated was truly shocking. This time last year we had NO idea that my dad would suddenly die and 8 weeks later my mum would be sectioned. She thinks she's pregnant with my brother (he's 45), she's incontinent, on anti-psychotic medication, has no memory of my dad having died, or where they lived for the last 15 years, and doesn't really know who we are anymore. Her and my dad worked all their lives, yet she has to pay for her care. How is that right, when she's ill?
#46
Why should my mother have to pay for her care when she is mentally ill? The money from the sale of her house, will probably only be enough to fund her care for about 5 years. If she had just become frail and decided to go into care because she felt she couldn't cope (as our old neighbour did), then fair enough, but she had no choice in the matter. The rate at which she deteriorated was truly shocking. This time last year we had NO idea that my dad would suddenly die and 8 weeks later my mum would be sectioned. She thinks she's pregnant with my brother (he's 45), she's incontinent, on anti-psychotic medication, has no memory of my dad having died, or where they lived for the last 15 years, and doesn't really know who we are anymore. Her and my dad worked all their lives, yet she has to pay for her care. How is that right, when she's ill?
I do feel for everybody who have these problems but if someone has to have long term care in a nursing home why would they need to keep the house if its not just for the children to benifit.
I pay tax and national insurance knowing full well that by the time i reach 65 i will not get a state pension because my payments are going to the older generations
#47
Its not right but as you say at least she would pay for 5 years of her care before the NHS would have to fund her.
I do feel for everybody who have these problems but if someone has to have long term care in a nursing home why would they need to keep the house if its not just for the children to benifit.
I pay tax and national insurance knowing full well that by the time i reach 65 i will not get a state pension because my payments are going to the older generations
I do feel for everybody who have these problems but if someone has to have long term care in a nursing home why would they need to keep the house if its not just for the children to benifit.
I pay tax and national insurance knowing full well that by the time i reach 65 i will not get a state pension because my payments are going to the older generations
He will have paid his taxes throughout his life and worked to pay for his house .Only for the Government to steal it all back .
What about all the "******* " who have scrounged all their lives (and never worked ),why should they continue to get it all for free ??? .Paid for by the OP parents .
#48
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Trust is probably best idea but will need trustees - OP, sister and accountant?
#49
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easier way around this your dad sells his house/assets he's then got the option of renting,living with you,your sister or even going into council housing my parents friend done this 4 years ago she was worth a bit 3 houses a villa in florida plus over 300k in the piggy
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
#50
easier way around this your dad sells his house/assets he's then got the option of renting,living with you,your sister or even going into council housing my parents friend done this 4 years ago she was worth a bit 3 houses a villa in florida plus over 300k in the piggy
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
Now thats the way to do it .!!!!
#51
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easier way around this your dad sells his house/assets he's then got the option of renting,living with you,your sister or even going into council housing my parents friend done this 4 years ago she was worth a bit 3 houses a villa in florida plus over 300k in the piggy
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
she's now in council housing having everything paid for and has split her monies to her children/grandchildren
#52
If you go into a CARE home (your typical old folks home) any assets that person has,including property even if it was sold to a relative up to approx 7 years previous CAN be claimed back by the government.However if your relative needs a NURSING home,because of a serious illness (alzimers (spellcheker please!!)etc) that person does not have to pay. BUT you DO have to jump through hoops and fight your corner,the government does NOT give a way free oap easily.
#53
If you go into a CARE home (your typical old folks home) any assets that person has,including property even if it was sold to a relative up to approx 7 years previous CAN be claimed back by the government.However if your relative needs a NURSING home,because of a serious illness (alzimers (spellcheker please!!)etc) that person does not have to pay. BUT you DO have to jump through hoops and fight your corner,the government does NOT give a way free oap easily.
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
#54
UNLESS, of course, you have been an idle fvcker your entire life. Saved nothing, don't own any property etc - In which case the rest of us will fund you!!!
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
#55
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UNLESS, of course, you have been an idle fvcker your entire life. Saved nothing, don't own any property etc - In which case the rest of us will fund you!!!
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
#56
UNLESS, of course, you have been an idle fvcker your entire life. Saved nothing, don't own any property etc - In which case the rest of us will fund you!!!
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
Makes me puke.
I have no problem with a 2-Tier system nor even a 3,4,5 - Tier system.
If you a work-shirking fvckhead I don't see why you should expect the same lifestyle as a high earning, hard working, tax paying member of society.
#58
If you go into a CARE home (your typical old folks home) any assets that person has,including property even if it was sold to a relative up to approx 7 years previous CAN be claimed back by the government.However if your relative needs a NURSING home,because of a serious illness (alzimers (spellcheker please!!)etc) that person does not have to pay. BUT you DO have to jump through hoops and fight your corner,the government does NOT give a way free oap easily.
No, you still have to pay in a nursing home, unless you meet the criteria for NHS Continued Care Funding. You have to have a CC assessment by the NHS, and they do this using the Decision Support Tool. You have to score 'points' (for want of a better term) in each criteria, and you have to practically be dead before you meet any of them. They score you on your 'needs'. It's very carefully worded. Mr OS's uncle had several strokes, has been in a nursing home for over a year, can't speak, is fed through a tube into his stomach, has to be turned, can't speak, and doesn't know any of his family, yet they were going to turn him down. His daughter is a solicitor and basically went through their assessment with a fine-tooth comb, (they'd arrived early and assessed him before she'd got there) and disagreed with the results and said she wanted it to go to the panel. They re-assessed him, and they got the funding, back-dated to April.
My mum was assessed back in September, and didn't get it (we didn't expect her to, but she's now 'in the loop'), and we still haven't been sent the report in writing yet.
http://www.dh.gov.uk/prod_consum_dh/.../dh_103329.pdf
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