If for any reason a DPA wasn’t agreed, then it’s possible that the local authority could discuss the sale of the property being required for care costs if there wasn’t another means to pay. As the tenants are older and if they were going to suffer hardship, the local authority could be asked to exercise their discretion but we aren’t aware of any legal requirement for them to do so. MoneySavingExpert.com is part of the MoneySuperMarket Group, but is entirely editorially independent. Its stance of putting consumers first is protected and enshrined in the legally-binding MSE Editorial Code.

Bank of Mum and Dad | How It Works | Family Building Society

When someone dies, there are lots of things to sort out. If the deceased person owned or part-owned a property, then this needs sorting as well. We are really sorry to hear of your family's recent loss. It sounds like you're in a really difficult situation at the moment. I can see no obvious remedy here with regards to changing any Wills or trust planning. Its not clear whether anybody else lives in the property, but if a relative over 60 (other than your mother) was living in the property when your father went into care it should be disregarded. You can usually take over an assured tenancy and stay in the property if you were living with the person who died as their: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? If you are another family member and are entitled to take over the tenancy along with other people, only one of you can take it over. You'll need to decide between you - for example if you and your brothers and sisters are entitled to take over the tenancy, you'll need to decide who does. This is a really good example where the wording in the Will is extremely important. From what you have said it sounds as though there might be a trust of some kind in the Will, but without seeing it I cannot be sure.

Selling house after death of parents - MoneySavingExpert Forum Selling house after death of parents - MoneySavingExpert Forum

If you take over a demoted tenancy it will stay demoted until the 12 months are up. For example, if the tenancy has already been demoted for 5 months, it will be demoted for another 7 months when you take it over. If they had an assured tenancy My husband and I are in our early 70s and both relatively fit. We have a 40 year old son who has never married or left home and still lives with us. My question is, if either my husband or I need to go into residential care, will our house have to be sold to pay the fees, making our son homeless?We recently lost our mother and my brother was in joint names with her for the house in which they both lived - he is disabled so I have had to quit my job and am now his carer so we are having to save every penny!