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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

It's an inheritence one...

141 replies

InheritenceArguments · 01/05/2024 21:28

I'm one of three siblings, the oldest if that makes any difference. My parents sold the family house last year and moved close to me and DH, renting for the moment. Neither of them are in great health, and over the last year or so I've been helping them with various different things and have been to plenty of hospital appointments with both of them.

Me and DH need to move away from where we live at the moment, we can't afford a big enough place here and we want to move further out. My parents want to stay close to us, for the help and also to spend time with our kids.

I said I could only really carry on giving them the level of support I am at the moment if they were really close by - otherwise it's just going to be a nightmare. Someone (I can't honestly remember if it was me, DH or them) suggested me and DH buy a house with an annexe for them to live in.

We have discussed this at length and all set out boundaries etc. We are now weeks away from exchanging on a move to a new house with an annexe. We've put in approx 65% of the cost (mortgage) and my parents are gifting us the rest of the money on the understanding they will have an (unofficial) lifetime interest in the annexe and it's entirely theirs do with as they want. Also, if they need a live-in carer at any point they can have a bedroom in the main house, as the annexe is a one-bed.

My sister and brother both live abroad. Neither of them would want our parents to move in with them in this sort of arrangement. Neither of them currently own a house. One of them doesn't seem bothered about it all, and one of them is furious. Thinks it's entirely unreasonable that my parents aren't gifting them the same sum and they're furious.

My parents have suggested that they give each sibling a sum that represents about 35% of the amount they're giving me, when they buy a house. The angry sibling is somewhat placated, but still angry and thinks they should get exactly the same amount as I'm getting, regardless. They have suggested that when my parents die, they and my other sibling should get any money that hasn't been spent on care fees whereas I think it should be split equally.

Ultimately it doesn't matter what I think because it's my parent's decision - but AIBU? I'm taking on a huge responsibility. We also had to buy a house with an annexe that suited my parents - it isn't the house or the location me and DH would have liked, in an ideal world.

OP posts:
coffeemonster28 · 02/05/2024 12:59

It is a well-intentioned plan that has the potential to go horribly wrong. You said in one of the comments you wouldn't be providing personal care, what will you do if your parent is struggling with double incontinence and only receives 4 visits from a carer per day? The costs of live-in care are very high, you're talking £2k minimum per week, and would need to be funded out of your parents' savings, it is not something that LA would fund. As others mentioned, there is the risk that if your parents do need care, their "share" in the home would be seen as part of their overall assets and would be included in the calculations. So if hypothetically they gifted £100k, the LA will treat it as if they still have the money and would expect that all of this is used up until the £23.5k limit of savings. Yes, you may get "lucky" and your parents may only need light-touch support, but even that will be emotionally exhausting and draining past a certain stage. Dealing with someone who has dementia is a whole different level of hell I would not wish on anyone and no amount of money can compensate for that.

TodaysNameIsBoring · 02/05/2024 12:49

I don't think it's 'fair' that I'm the only one left in the country, so all the responsibility for caring for my parents falls to me. I also have to be the de facto 'base' in the country, so will have to host Christmas from now until eternity etc. Hosting Christmas doesn't seem like a big deal I know, and it isn't, but it's an example of the role reversal that's been difficult to get my head around.

These are your choices though. I do the main caring for my Mum even though I live the furthest away, I wouldn't dream of being rewarded financially for doing it.
If I was one of your siblings I think I'd be annoyed too. Why don't you suggest to your parents that they should give a bigger percentage of their estate to your siblings. I think it's unfair for you to get 20% of their worth now plus to expect more when they die.

Chances are that it won't go on care home fees. Mostly people don't go into care homes.

InheritenceArguments · 02/05/2024 12:33

I think what this thread shows is that what 'fair' means to everyone is different. I think me and my sibling just don't agree on that fundamental point. I don't think it's 'fair' that I'm the only one left in the country, so all the responsibility for caring for my parents falls to me. I also have to be the de facto 'base' in the country, so will have to host Christmas from now until eternity etc. Hosting Christmas doesn't seem like a big deal I know, and it isn't, but it's an example of the role reversal that's been difficult to get my head around. It feels in many ways now that I'm the parent and they're the dependents. And that's not something either sibling has to factor into their lifestyle.

In terms of not being able to afford this house without the contribution from my parents, that is true. But, that's at least partly because there is an entire other house (the annexe) in the garden! It's only a small other house, but it's bumped up the price of the property and if it was a standalone house with a garden it would be worth most of the money they're putting towards the purchase.

OP posts:
Winter2020 · 02/05/2024 12:29

Will your parents be paying towards fuel bills/council tax etc? Those bills will likely be big if the house is big and if your parents like their home warm?

You could agree to charge a notional rent of £500 each month for example - which actually just reduces the amount your parents put into the house by £500 each month. When/if the amount falls to zero they could start paying rent.

Document this to protect you if deprivation of assets rears its head.

Can you afford those high bills or do you need your parents to contribute?

If your parents did give away a large sum of the remainder of their assets (to siblings) then I think you really are in deprivation of assets territory. They have used the money that they have given to you to house themselves but if they give away most of the rest they will be accused of doing it to avoid paying for care - as why else would they do it? They would be choosing to leave themselves without the means to pay for the care that they may need.

I know someone who is trying to get care for the elderly parent who lives with them. Social services know that the parent sold their house and gave away the money to her adult children so are saying no - that the children should fund any care needed.

CommentNow · 02/05/2024 12:12

I think you need to talk to your parents and te them that a legl document must be drawn up before exchange to save arguments down the line.

It would be a red line for me.

holrosea · 02/05/2024 12:10

I would just add that, from OP's posts, it isn't clear how much communication is coming from your parents to your siblings, and how much it has been discussed as a family. I realise that this is not necessarily possible or easy in all families.

My parents have lent a significant sum to a sibling and although there were some "favouritism" feelings about it, it was more easily resolved because they spoke to us before the decision was made, laid out what it would mean in terms of any other financial help in the short-mid term and laid out the solicitor's agreement that they are putting in place to ensure the money remains a loan and doesn't become a gift.

The mock up of rent/buying/care costs sounds like a good idea to show your siblings that this is genuinely the most cost-effective move - and don't forget the everyday stuff too. Even in they don't require live-in care or a home, support quickly racks up. Gardeners, cleaners, window cleaners, home deliveries, home help, meals on wheels, etc., even if they are "independent". However, the onus is on your parents to communicate this with their children, not for you to go to war with your siblings.

Kisskiss · 02/05/2024 12:07

I wonder if the people saying this situation is ok and fair would change their minds if the gift were 1mm, or 2mm? Or even 500k if you are aayjng it’s payment for care work then 500k for running errands and helping with technology sounds like a great job?
im not saying it’s fair to be the one child stuck with all the responsibility, altho I’m sure there were upsides to this ( childcare help, more good quality time together etc ) but it does happen a lot by chance and I suspect the siblings moved overseas when everyone was younger- they didn’t do it to run away from taking care of ageing parents !!! Maybe a seperate conversation needs to be had about whether they need to come back to help , but I’m still not convinced taking 20 pct of the estate and then expecting another 1/3 of 80pct later ( which is essentially half of everything ) is that fair

Vampirelovebite · 02/05/2024 11:59

Was it fair of their kids to fuck off abroad though? Where's THEIR demonstration of love and value? Why is it only expected to go one way?

Do you really think it's fair if the OP gives up where she really wants to live, and years of her time and freedom, and then the siblings who did whatever they wanted to do get exactly the same as her because 'inheritance should be equal'?

My auntie had her mum in a care home near her and visited every day. This involved moving her to another care home at one point as her personal needs weren't being met appropriately. My dad and his brother refused to visit her for years because 'she doesn't know us anymore'. On her death, they all got 1/3 but the brothers complained bitterly that their sister (who cleared the whole house of course) got house contents. Gross.

Fair does not always mean equal.

CelesteCunningham · 02/05/2024 11:48

Gosh this is so messy.

I'm landing on the YABU side. You say yourself you wouldn't be able to afford this house without the (huge) gift from your parents. I know you're taking on a potentially big caring role, but you are benefitting from that financially.

As is so often commented on here, inheritance and large gifts from parents aren't just about the money, it is often much more about the perception of value and love.

I do think your share should be taken into account in the final reckoning. Giving you a massive gift now and then an equal share on your parents' death isn't fair. Perhaps the adjustment could be done as a monetary amount that doesn't increase with inflation, to make some allowance for the care you will do. You must also remember that you will benefit by having the money potentially much earlier in life than your siblings.

I would also be very very worried about your parents' security in your siblings' shoes and want that tied up legally.

I think it's very difficult to do something like this without causing resentment or worry.

TCThree · 02/05/2024 11:43

Your siblings both live abroad so I would say they're very welcome to move closer to your parents and take over the day-to-day help that you're providing in their absence.

When my parents became elderly I wasn't a carer as such (not at first anyway) but I helped with GP and hospital appointments, anything at all that needed a computer or telephone, shopping, minor DIY, gardening etc etc. It doesn't sound like much but one year I kept a diary just out of interest, when I read it now I'm shocked by how much time was taken up with driving backwards and forwards to their house for all the above tasks.
A caring role doesn't always mean literally providing personal care.

I've seen it in other families, where the sibling or cousin swoops in and starts laying down the law on what should be happening and how the person providing the help isn't doing it quite right, before rushing off again because they're just so busy!
Anyone who has ever worked in a care home will tell you how common it is.
But usually when it comes to inheritance those siblings or cousins who couldn't spare the time to help will try to justify why everyone is now equal in terms of money.

holrosea · 02/05/2024 11:18

Hi OP, I think you may be interested in reading the attached thread that was posted a few weeks ago about a sibling being gifted a large amount of money for a house purchase.

Not precisely the same situation as yours, but a lot of the discussion for the OP centred around how the large gift to the sibling was causing huge emotional pain as it was tied to pretty evident favouritism and generally unqual treatment over years.

I am not suggesting that you are the favourite child as the annex seems to be a very practical solution for your family situation, however it might give you some insight into why your sibling is reacting so strongly.

https://www.mumsnet.com/talk/am_i_being_unreasonable/5052496-large-sum-of-money-being-given-to-sibling?page=1

Large sum of money being given to sibling | Mumsnet

To set the scene: there is a 12 year age gap between myself and my brother; I am the older sibling. My brother has had a lot of help financially with...

https://www.mumsnet.com/talk/am_i_being_unreasonable/5052496-large-sum-of-money-being-given-to-sibling?page=1

Billybagpuss · 02/05/2024 11:16

Care home fees locally are anywhere between £4k -£7per month that’s for 1 person. I’m sure there is a second person discount sharing rooms etc but you’ll still be saving them a lot.

Concerningquestion28 · 02/05/2024 11:11

They're essentially paying you for care. Sibling is welcome to move closer to their parents and provide care if they want money.

user1492757084 · 02/05/2024 11:04

It seems fair and worked out with legal assistance.
Very sensible.
Trust in each other is important and you have that.

Your parents need to be the ones to communicate with their other two kids. They should point out that an inheritance is not a given - they are at liberty to spend all their money on themselves, including on an annexe which is in exchange for the care you will be giving free of wages.

Vampirelovebite · 02/05/2024 11:04

Gosh I don't think this is complicated at all. I think it's really simple.

OP's parents need care and are putting a sum of money towards ensuring they have lifelong 24/7 care and support. Whatever 35% of the house value is, I bet you anything it's nothing like care fees for 2 people potentially for the rest of their natural lives. Without this money, the care cannot happen. Neither of OP's siblings want this 'job' so they don't get the investment.

This is how they are choosing to spend their money in their lifetimes. It is not inheritance it is their money and they're spending it on wisely ensuring their care.

When the parents die, whatever is left is the inheritance.

Bumblebeeinatree · 02/05/2024 11:00

Could you formalise the caring arrangement a bit and on paper 'pay' yourself out of the gift? If there is notionally any of the gift left if, or when your parents go into care add that amount to a pot for care fees.

godmum56 · 02/05/2024 11:00

InheritenceArguments · 01/05/2024 21:57

We can't put any part of the house in their names. If we did, and then they need to go into care, the local authority would expect the house to be sold to free up the capital for my parent's share so it can be put towards care costs. If it isn't in their name it shouldn't be a problem, according to the legal advice we've had.

So the house isn't in their name. Nor is the annexe. But my parents will live there, and do whatever they want to the annexe (within reason...) until they either die, or need to go into care.

Even if you don't put any of the house in their name, a council can still reduce their contribution on the ground of deliberate deprivation on various grounds, the one I am thinking of is if its foreseeable that they would need care, also if they have no legal owbnership of any part of the house, the money could be classed as a gift which can also fall under the same rules. From what you have said about thir health, this may apply to them. On the other hand, it sounds as though they may have too much money to receive any financial support from SS so it may not apply in any case. https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/deprivation-of-assets/

https://www.ageuk.org.uk/information-advice/care/paying-for-care/paying-for-a-care-home/deprivation-of-assets/

InheritenceArguments · 02/05/2024 10:52

WinterDeWinter · 02/05/2024 10:48

What do you think about showing the sibling a cost projection of a care home idea that a pp had, Op?

It's a good idea, I've just got to find the time to do it. I need to look prices for the sort of care they'd need at the moment which is probably a warden-assisted type place. It can be tricky to find their pricing, they tend to keep it off the websites, I assume because it's expensive!

OP posts:
RedCoffeeCup · 02/05/2024 10:50

A live-in carer typically costs not much less than a care home OP.

pontipinemum · 02/05/2024 10:50

The annoyed sibling had an idea in their head of what they were 'guaranteed' to inherit.

What you are taking on is huge and don't let your sibling underestimate that by saying it's all about money.

A friend of a friend (sort of), moved back from overseas. There were a lot of siblings but the agreement was that him + new wife could have the family home if their father could live with him. So they re-did the whole house, including an annex for the dad. The dad was in his late 70s and not in great health. He lived another 20 years!

Blackfluffycats · 02/05/2024 10:49

InheritenceArguments · 02/05/2024 10:45

They're gifting me approx 20% of their total estate value, so it's a lot of money, but it's not swallowing the whole estate or anything.

I won't do any personal care for them except in an emergency. I don't want to, they don't want me to. I've always been very upfront about this, and so have they. I'm here to do things like help them with technology things they don't understand or can't do/drive them to appointments and attend with them if they need/want me to/put heavy things away or move them/do some batch cooking.

If they need more care than I can provide, either a carer will have a bedroom in our house or they'll have to build an extension with an extra bedroom for a carer. It depends on how long we think a live-in carer will be required.

Neither sibling wants my parents to live with them. I would have been happy for my parents to move in with one of the others and gift them the money, but I was the only one prepared to do it. Care home fees for a friend's grandparent are currently £90k a year. My parents would burn through their money pretty quickly if they had to start paying that.

Will they have enough money left for a live in carer? I’m not sure how much it would cost but I imagine it would be a lot!

WinterDeWinter · 02/05/2024 10:48

What do you think about showing the sibling a cost projection of a care home idea that a pp had, Op?

InheritenceArguments · 02/05/2024 10:45

They're gifting me approx 20% of their total estate value, so it's a lot of money, but it's not swallowing the whole estate or anything.

I won't do any personal care for them except in an emergency. I don't want to, they don't want me to. I've always been very upfront about this, and so have they. I'm here to do things like help them with technology things they don't understand or can't do/drive them to appointments and attend with them if they need/want me to/put heavy things away or move them/do some batch cooking.

If they need more care than I can provide, either a carer will have a bedroom in our house or they'll have to build an extension with an extra bedroom for a carer. It depends on how long we think a live-in carer will be required.

Neither sibling wants my parents to live with them. I would have been happy for my parents to move in with one of the others and gift them the money, but I was the only one prepared to do it. Care home fees for a friend's grandparent are currently £90k a year. My parents would burn through their money pretty quickly if they had to start paying that.

OP posts:
Blackfluffycats · 02/05/2024 10:25

My mum and dad did this with my grandparents. My grandparents sold their property and gifted the money to my dad who bought a house with an annexe. The difference is that they had also given my dads sister a large amount of money.

it worked for many years but eventually my grandad died and my grandma was very ill. My dad looked after her for a long time and it was extremely hard and quite traumatic for him to be honest. Eventually she did have to go into a care home where she lived for a few years. The good thing from all this was that the only money spent on care fees was her savings and not my mum and dads house. My parents would not have been able to buy that house without my grandparents and it’s a very special house. The bad part was the stress and trauma my dad went through while caring for my grandma during those years. Make sure you are aware that that could happen to you and it is not something to take lightly.

Grumm · 02/05/2024 09:47

You certainly will be doing a lot more for your parents than your siblings, but is it right that you are being ‘paid’ for it and if so, is it right that you’re being paid potentially hundreds of thousands of pounds? I can see why this looks like a grab to your siblings.

If actually you don’t want this house with an annexe and you’re only doing it for your parents, you could agree to sell when your parents pass and share the 35% owned by them with your siblings.

The fact that you haven’t offered this AND are not putting part of the house in trust/your parents’ name seems a bit fishy. Your parents’ offer is probably a good compromise, I just wouldn’t be painting the angry sibling as unreasonable because I don’t think is it.