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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:
dottydodah · 02/05/2024 09:47

As others have said here,the situation is very difficult and thwart with future problems! If your parents dont need any care ,(unlikely but not unheard of). Your sibling will be feeling somewhat miffed, that you have in effect gained the benefits of a large home /annex and all of the future increases in property prices as well.If they do need some care and go into a home ,then surely the house would have to be sold to pay for the fees? I think it would be worth seeking advice from a Solicitor experienced in this field .

mewkins · 02/05/2024 09:35

I think this is a bit of an odd solution. How old are your parents, OP? Are they mobile, do they drive etc?

If they're currently renting and have the money from their own house sale it would have made loads more sense for you to move and for them to buy a retirement apartment nearby. I can sort of see your sibling's point a little bit.

Kisskiss · 02/05/2024 09:30

There’s too many unknowns here- how much is the gift As a percentage of their current net worth, how much caring is the OP planning on doing , nobody knows for how long either.

it would be fairer if whatever is left in the estate minus the gift were then split 3 ways as the oP would have benefited from any capital gains on the money in the intervening years already ( and if rates stay at 4-5 pct, that can be worth a lot depending on the size of the gift!)

my friend is inthe same position except her parents want to build her family the annex in their home - she asked for the house at the end and everyone kicked off . As much as her siblings are not nice people I can see how unfair the situation is for them if she got the house which is half the net worth

NoTimeToSee · 02/05/2024 09:24

Lots of elderly people go along with this transferring of their assets/home thinking that they will get care at home from their children in return (with care home only an absolute last resort).

In reality, it usually seems to result in the elderly parent being booted into the (now free) care home at the first opportunity and far sooner than would have been the case if the care home costs were coming out of their children's inheritance. And nothing the elderly person can do about it because they've legally transferred everything to their kids. Whereas if they'd hung onto their house etc they could have paid for carers from attendance allowance, savings or even equity release (as a last resort).

And your parents are now vulnerable to losing their home if you divorce, die, remarry, get in debt and have to sell the house etc or you just change your mind about having them live with you.

BeyondMyWits · 02/05/2024 09:03

So if you die your husband can't move? Even if his job required it? Even if he got remarried? Because he's tied to taking care of , or at least housing your aging parents?
No way on this planet would I be agreeing to that in his position. Or theirs to be honest.

Please make provision for what happens in the case of your pre-deceasing your parents. There is a thread on here where that happened. Soul destroying for all concerned.

WaltzingWaters · 02/05/2024 08:59

You’re being a huge help to your parents. If they didn’t move in with you they’d most likely need to go into a home and any money would be eaten up in care costs. This way they’re close to you and their grandchildren which will be far nicer for them in their old age than a care home.

Your sibling is just being greedy wanting money with none of the sacrifices.

WendysWindyHouse · 02/05/2024 08:56

Have you truly thought long and hard how this situation may impact your lives if one of your parents get dementia (which sadly is becoming the biggest killer in the U.K.)?

My mum has Alzheimer’s (6 years ago none of us would have thought in a million years she would get dementia, she was as sharp as a tack) and lives with my dad, they both live around the corner from me and I see them every day. Helping to care for my mum is the toughest thing I have ever had to do and the strain of the last 4 years took its toll on my mental health and a month ago and I had a breakdown.

One of my only saving grace’s during this shitshow is knowing I have my own home, separate from my parents, to escape to. It is also my dh and dc home which is not affected my the strain of having elderly and poorly parents residing in or very near to.

You just can not underestimate the stress which comes from caring and helping look after a loved one with dementia. The strain has caused so many rows between my husband and I.

I hope this scenario never affects you and your family but would you really want a live in carer residing in your property with your ex and dh?

I would not want to be in your position with my current situation tbh. Dementia takes it out of everyone involved, I am glad I have my own home to retreat to, it’s my only salvation currently.

And if and when the time comes for mum to go into care then my parents have their own property which will cover everything (once my father goes).

And as for your siblings, well they shouldn’t get a say in anything, at the end of the day the money is your parents money to do what they wish. Inheritance is not a given, no one should automatically assume they have that awaiting them on the horizon.

Seeingadistance · 02/05/2024 08:54

To be honest, I think it’s a crazy plan which is full of pitfalls - inheritance being the least of it.

It would have been much more straightforward for your parents simply to move to a rental property near your new location. Then if they do need more care than you can provide, a care package or residential care can be organised without worrying about potentially selling your own home or being pursued for deprivation of assets. And local authorities can and do go back years re the latter, not weeks as you suggest.

Sorry, OP, your intentions are good but I think you’ve got carried away with a plan which has disaster written all over it - financially, legally, emotionally.

MargaretThursday · 02/05/2024 08:51

FlameTulip · 02/05/2024 08:06

To the posters saying the OP will "earn" the money by caring for her parents, did you read the bit about getting a live-in carer if they need one? It doesn't sound like the OP is planning to care for them herself if they get to that stage (which is absolutely fine and understandable!).

I noticed that. And that they have a spare room for the live in carer too.

Bluebellar · 02/05/2024 08:40

TheSandgroper · 02/05/2024 05:25

All the people on this thread who are talking about parents buying nearby aren’t the ones answering the fall alarm at 3 in the morning in December, are they?

Or drying the urine soaked carpet before they go home because of the reason the fall alarm went off in the first place?

I am going to be in this situation soon, except I already own my own house outright and if my DSib’s, who haven’t set foot in my DP’s house in 15 years care to have an opinion, it had better be “yes dear” and nothing else.

👏🏻

PuppyFeet · 02/05/2024 08:35

Your siblings have no idea how much extra work this will bring to you and your husband over the coming years. My parents did this same set up for my mother’s father about 20 years ago. He’s now 103 and still active and looks after himself, but does need help getting around and IT support etc etc. In no way do they regret or begrudge the decision but it is very hard work for them. My uncles had no idea about the amount of extra work involved until one of them offered (a few years back now) to take my grandfather away for a week - he soon realised! Unfortunately, your siblings won’t see this at the moment, it takes time to evolve but my vote is definitely that you are not being unreasonable.

SpaSpa · 02/05/2024 08:24

Is a live in carer actually than a care home?

Woohow · 02/05/2024 08:19

I'd call their bluff, 'OK CFS (cheeky fucker sibling), we'll all get an equal share and DPs will buy an annex house with you instead. What a relief! Glad that's all sorted.'

Edit: If they're not happy with that say you will charge them for all services you provide, do it lawyer style and itemise every phone call, every shopping trip, etc. and then you'll split whatever money they have left at the end equally. You should then be able to save up enough to buy your parent's share of the house. And of course rent for a future carer if they live in a room in your house.

SpaSpa · 02/05/2024 08:14

I would be worried for my parents if they used a lot of their hard earned cash to buy a house they don’t legally own part of.
The OP divorcing is the biggest worry.

I didn’t realise there was such a correlation between caring and inheritance. When my father died his estate was split between my sibling and I 50/50 even though I did all the caring. I never ever had an issue with this.

GETTINGLIKEMYMOTHER · 02/05/2024 08:09

@Soontobe60 , that’s assuming that ‘small bungalows’ are easily available nearby. Anywhere around here they’re scarce and expensive, because they typically have pre WW2 large gardens that are ripe for large extensions or other development opportunities.

FlameTulip · 02/05/2024 08:06

To the posters saying the OP will "earn" the money by caring for her parents, did you read the bit about getting a live-in carer if they need one? It doesn't sound like the OP is planning to care for them herself if they get to that stage (which is absolutely fine and understandable!).

ViciousCurrentBun · 02/05/2024 07:56

My Mother needed nursing care and only managed to remain in her home by having carers in twice a day and my sister living with her and caring for her. For the last couple of years she was completely bed ridden and needed full nursing care. My sister had to do some pretty awful stuff just washing pee covered sheets was the least of it. She inherited Mums house, my siblings kicked off but the entire amount would have been gone in fees. There is more to the story but overall my Mother was petrified of going in to a home so regardless of some dubious financial dealings she got her wish.

MIL is the last alive, I am not doing any care so she will be going in to a home, just like I will not expect my DS to have me as sad as that is I have seen how people are robbed of their lives with caring responsibilities.

In all our financial plans we have factored in zero inheritance and that’s the issue people factor it in and then when it doesn’t go their way they get annoyed. It is completely foolish to rely on an inheritance.

omgz · 02/05/2024 07:53

It’s all well and good to say that OP is going to provide care and therefore will essentially “earn” the 35% , but that is dependent on how long it works for. What happens if this set up only works for a few months or a year or two? Eg if the parents die? In that case, the arguments for this financial set up don’t seem as clear cut - OP still gets 35% of her house paid off, and 1/3 of the inheritance.

Also, what if they end up needing to go into care sooner than expected? Things can change quickly, eg a nasty fall. A few months of caring for them at home, and OP still gets 35% of her house paid, but her siblings likely get no inheritance because it still goes on care home fees, and perhaps her parents end up in a lower quality setting due to a significant chunk of their funds being tied up in OP’s house.

As a sibling, I also wouldn’t feel comfortable with the lack of formal protections for my parents in this set up.

PeppaPigIsQAnon · 02/05/2024 07:42

I’m one of three siblings and we have a similar set up. Parents sold their house and gifted large chunk of cash to youngest sibling and her partner who then purchased a property with an annexe for parents. The deal is youngest sibling is responsible for care of parents and in return she keeps all money from sale of house in the future. Parents gifted myself and the other sibling a smaller chunk of cash.

We’re all very close and all felt this was fair. In fact, I genuinely cannot see how your siblings might object. They need to put a price on the responsibility of care!

TheTorturedPoetsDept · 02/05/2024 06:19

I doubt any solicitor would be happy for two people to put a substantial amount of money into a property where they intend to live but have no legal protection.

Pay for some proper legal advice from a solicitor who specialises in Trusts.

We've got a legally binding agreement that if we divorce, the money from my parents stays with me. If I die, it will go to DH but on the basis that if he remarries or has more children the money will be inherited (if there is any of it left...) by our DC, not any DC he has with future partners or any SC

Did you draw that up yourselves? How does it protect your parents if you die?

Doingmybest12 · 02/05/2024 06:17

Money can bring out the worst in people or people struggle to get their heads around what's happening and ask legitimate questions. Also unless you are doing it it's hard to understand how all consuming it can be caring for elderly parents. You haven't said what a third of the house price is money wise and what percentage of their estate this is. I also think although grabby it's fair to think that money will ultimately pass to your children not their children or potential children which can make a massive difference life chance wise for the young people. Childhood jealousy raises its head also. ultimately I'd hope they'd understand how much worry you've saved them by living with parents but it's fair enough they have some questions about it.

Harassedevictee · 02/05/2024 06:13

@InheritenceArguments YABVU for several reasons

  1. Not having a full legal agreement of what ifs. Not just divorce but what if you can’t cope, what if you want to downsize, what if you fall out etc.
  2. Consider making it an interest free loan where each month £x rent is deducted from the loan. This keeps the money side clean and transparent.
  3. Deprivation of assets, the LA can go back a long time as there is no limit. The 7 year rule is for inheritance tax only.
I say this as someone in your siblings position who warned against it and now is in the middle of a shit show sorting it out with relationships broken beyond repair.
Codlingmoths · 02/05/2024 05:57

If I were your parents I’d call sibling to say ‘we are SO touched by your display of love and affection. I assure you if you were regularly present and offering the level of support your sister does that we would happily enter into this arrangement with you. We don’t begrudge your move, we just ask that you recognise this represents a great value deal to us and we are looking forward to it very much. If your sister moved away as they would have had to do without our commitment, we would have had to engage carers for regular visits and support to retain our quality of life, I’ll let you do the maths to work out that actually your sister is clearly saving us money, and quite a bit of it assuming we live beyond another few years as we and hopefully you too very much hope is the case! I do however appreciate your insistence on being scrupulously fair between our children, i hadn’t thought of it that way so we will look at making it up to her in our will.’

then after hanging up I’d mutter take that you avaricious little twat.

Xyz1234567 · 02/05/2024 05:56

Be careful what you wish for. Having a big house funded to a large degree by your parents might seem like a good idea now but, in the event either or both of your parents become ill, you will be brought to your knees. It can be an absolutely hellish situation and one that no amount of money can compensate for.

Neveralonewithaclone · 02/05/2024 05:40

TheSandgroper · 02/05/2024 05:25

All the people on this thread who are talking about parents buying nearby aren’t the ones answering the fall alarm at 3 in the morning in December, are they?

Or drying the urine soaked carpet before they go home because of the reason the fall alarm went off in the first place?

I am going to be in this situation soon, except I already own my own house outright and if my DSib’s, who haven’t set foot in my DP’s house in 15 years care to have an opinion, it had better be “yes dear” and nothing else.

Yes, it's back breaking, life breaking work loooong term. You and your siblings will hate each other at the end of it anyway. Because they've left you, quite literally, cleaning up the shit.