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AIBU?

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Inheritance and care home fees

594 replies

Hateam · 17/08/2024 11:59

Hello!

My mother-in-law is in a care home.

My wife, her daughter, is also in a care home for medical - non age related- issues. My council are paying for my wife's care as we have under £24500 in savings.

When my MIL dies (she's 94) my wife will inherit about £180,000.

We don't want this money going to Essex CC.

Is there anything we can?

Could my MIL's will be changed to remove my wife and replace her with me? She is still of sound mind.

Could the money go into an account in my sole name?

I am aware of the concept of deprivation of assets.

OP posts:
BIossomtoes · 17/08/2024 13:06

Hateam · 17/08/2024 12:27

Thank you for the replies.

I understand the tone of many of the replies.

However , if you were in my position I doubt many of you would be eager to give the council all of the money!

I’m pretty much reconciled to paying for my care as my parents did before me. I think you’re grasping and greedy. Why should taxpayers pay when the person needing care can afford to pay for it?

Hayliebells · 17/08/2024 13:06

ChickenTikkaKebabs · 17/08/2024 12:50

You don't understand do you?

Care could be £50K pa so the sum would only last 3-4 years.

The final £26k (I think) isn't used, so that would pay for some lovely meals out and theatre trips.

ChristmasCwtch · 17/08/2024 13:05

This reply has been deleted

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

Soontobe60 · 17/08/2024 13:05

MindfulBear · 17/08/2024 13:00

Wow you lot are nasty!
And this is also not fraud. Financial planning is a wise thing to do particularly when considering financial planning involving passing on wealth to disabled family members.

His wife is in a home at a lot younger age than most of us would want to be.
It's common practice for families with disabled family members to put funds in trust and for a monthly amount to be paid to them.

This is not the OP's decision tho. This is for his MiL to take advice from a solicitor and to decide what she wants to do with any £££ she has left after her own care is paid for. Particularly if she would like her wealth to benefit any grandchildren.

And that is perfectly legal and as it should be.

No, he wants to pocket the money for himself. Otherwise he would have asked - ‘when my wife receives her inheritance is there a way of placing it into some sort of trust so that her care home fees will be covered’

Marinel · 17/08/2024 13:04

If your MIL chooses to leave her money in a way which avoids it paying towards your wife's care, that is up to her. She needs to research the options, without any pressure from other parties. If I was MIL I'd want it to go towards my daughter's care, but it's her choice.

That supposes that she has any money left by the time of her death, given she is in a care home herself and is presumably paying her own fees if she has a large amount sitting around to leave as an inheritance.

My mother used all her money for care fees. I was completely happy about that as (a) it's her money and (b) it meant I could buy the best care for her.

Scirocco · 17/08/2024 13:04

Soontobe60 · 17/08/2024 13:03

If she is able to visit nice restaurants, London shows and theatres plus have day trips, then why is she in a home? Do you not have enough of your own money to take her out?

It's like Disney Dad, but the Husband Edition.

Soontobe60 · 17/08/2024 13:03

Hateam · 17/08/2024 12:41

My wife is physically and mentally impaired and will need care for possible over 30 years.

I was hoping to take her on lots of day trips and visits to nice restaurants and the theatre. She loves London shows.

I wanted the money to give her the best life I can.

If she is able to visit nice restaurants, London shows and theatres plus have day trips, then why is she in a home? Do you not have enough of your own money to take her out?

Scirocco · 17/08/2024 13:02

It's your MIL's money and it's up to her to choose what happens with it. If she wants to leave it to her daughter, with the understanding that it will contribute to funding her daughter's care, that's her right. If she wants to leave all to an animal charity, that's her right too. Nobody else should be interfering with her choice.

If your MIL is the one who is looking for ways to avoid the money contributing to care costs, then she needs to seek professional financial advice. If she wants to ensure some goes to grandchildren, for example, she could leave it directly to them. Although with care costs as they are, there may not be much left in the inheritance pot.

As an aside, you might want to ask for this thread to be deleted or removed after a short time. There probably aren't that many people in Essex who have their MIL and wife in this situation, so you may be fairly easily identified, and I suspect the council wouldn't be thrilled at the attempt to get out of financial contributions to care.

PolaroidPrincess · 17/08/2024 13:02

MindfulBear · 17/08/2024 13:00

Wow you lot are nasty!
And this is also not fraud. Financial planning is a wise thing to do particularly when considering financial planning involving passing on wealth to disabled family members.

His wife is in a home at a lot younger age than most of us would want to be.
It's common practice for families with disabled family members to put funds in trust and for a monthly amount to be paid to them.

This is not the OP's decision tho. This is for his MiL to take advice from a solicitor and to decide what she wants to do with any £££ she has left after her own care is paid for. Particularly if she would like her wealth to benefit any grandchildren.

And that is perfectly legal and as it should be.

I agree. It does depend though whether the DMIL is on agreement and has capacity.

viques · 17/08/2024 13:01

HooverTheRoof · 17/08/2024 12:51

But we let rich people use the NHS for free? Why is the care ops wife needs different?

Because the welfare state was never funded to do this. Like state pensions it was funded on the premise that most people would die long before they needed social care. I believe the age for working men was averaged out at 60. Clearly people are living longer, and are therefore more prey to the illnesses of old age like cancer , osteoporosis, heart disease, strokes, various dementias. We can just about cope with funding these medical needs, but social care needs for an increasingly elderly population is outside the scope of the current system unless the way it is paid for is re organised. I believe in some countries an extra layer of income tax is both levied and ringfenced to cover social care needs.

Until then people with funds available will be expected to pay for their social care.

Soontobe60 · 17/08/2024 13:01

Hateam · 17/08/2024 12:27

Thank you for the replies.

I understand the tone of many of the replies.

However , if you were in my position I doubt many of you would be eager to give the council all of the money!

  1. its not YOUR money.
  2. if I were in your position I would be very relieved that I had enough savings to pay for a lovely care home for my spouse
  3. expecting every other council tax payer in your area to fund your wife’s care whilst you swan off with her inheritance is a shitty thing to do
  4. there are 2 vulnerable women in this situation and you want to shaft them both. Well done!
MindfulBear · 17/08/2024 13:00

Wow you lot are nasty!
And this is also not fraud. Financial planning is a wise thing to do particularly when considering financial planning involving passing on wealth to disabled family members.

His wife is in a home at a lot younger age than most of us would want to be.
It's common practice for families with disabled family members to put funds in trust and for a monthly amount to be paid to them.

This is not the OP's decision tho. This is for his MiL to take advice from a solicitor and to decide what she wants to do with any £££ she has left after her own care is paid for. Particularly if she would like her wealth to benefit any grandchildren.

And that is perfectly legal and as it should be.

TonTonMacoute · 17/08/2024 13:00

TwizzleDee · 17/08/2024 12:53

I taken copies of all this and reported it to Essex CC via their 'Report a fraud' form. which let's you upload documents. Can't be many people with these circumstances and as someone who used to do financial assessments for care homes, I'm pretty sure the staff will be able to work out who it is.

Maybe other Mumsnetters could do likewise?

Poor MIL, probably a lovely old lady who's been cherished my so many and along comes the son-in-law like a vulture circling.

What a ridiculous, spiteful and over the top thing to do. Better hope there's no such thing as karma, eh?

Oldermum84 · 17/08/2024 12:59

TwizzleDee · 17/08/2024 12:53

I taken copies of all this and reported it to Essex CC via their 'Report a fraud' form. which let's you upload documents. Can't be many people with these circumstances and as someone who used to do financial assessments for care homes, I'm pretty sure the staff will be able to work out who it is.

Maybe other Mumsnetters could do likewise?

Poor MIL, probably a lovely old lady who's been cherished my so many and along comes the son-in-law like a vulture circling.

Hahaha this is crazy. As someone who works for Adult Social Care they will have a great laugh at this before doing absolutely nothing 🤣🤣🤣

DixonD · 17/08/2024 12:58

@Hateam can I PM you please?

PiffleWiffleWoozle · 17/08/2024 12:58

Also look into the cap that the government were going to introduce. It may mean you don’t lose the whole lot to her care costs.

Labour have reversed plans for this cap unfortunately.

Oldermum84 · 17/08/2024 12:57

Hateam · 17/08/2024 12:27

Thank you for the replies.

I understand the tone of many of the replies.

However , if you were in my position I doubt many of you would be eager to give the council all of the money!

You are quite right. People are quick to judge when it doesn't effect them. They would do the same.

If I were you I'd get professional legal advice - have a meeting with a solicitor and your MIL to ensure everything is above board. But essentially yes, if the inheritance goes to you and not your wife this can't be made to be used for her fees.

TwizzleDee · 17/08/2024 12:57

Inlaw · 17/08/2024 12:51

It is a paradox isn’t it. Whilst what OP is suggesting is incredibly cheeky, on the other hand you have gov telling people they need to go back to work as we have a productivity problem.

Why would anyone work or save when it’s just going to go on care. Which you would get for free anyway if you didn’t work or save.

I work to enjoy my life in the here and now, loads of expensive hobbies, nice house, nice car, amazing holidays.

If that means I have to pay for my own care in later life so be it.

Either way, I will leave this earth with nothing but will have had a much better journey on the way.

HarpyBirthday · 17/08/2024 12:56

TwizzleDee · 17/08/2024 12:53

I taken copies of all this and reported it to Essex CC via their 'Report a fraud' form. which let's you upload documents. Can't be many people with these circumstances and as someone who used to do financial assessments for care homes, I'm pretty sure the staff will be able to work out who it is.

Maybe other Mumsnetters could do likewise?

Poor MIL, probably a lovely old lady who's been cherished my so many and along comes the son-in-law like a vulture circling.

Well thats a stupid thing to Do! Op is just asking the question, hasn't done anything yet. Plus nothing OP has suggested is illegal - so not fraud.

TonTonMacoute · 17/08/2024 12:56

Agree with PPs that you must seek specialist advice on this. Many solicitors have people who specialise in care costs as it is quite a complex area now, and you really need someone who knows the ropes. It will realistically cost around a thousand pounds, but may worth a lot more than that to your family in the long run.

It is not cheating the system, you will not get anything more than you are entitled to. One of the first thing Labour has done is kick this can of worms further down the road, governments of all kinds are happy for families to struggle on themselves and keep on dodging the issue.

It might also be worth posting on the elderly parents forum as many people there have more knowledge.

Iwasafool · 17/08/2024 12:56

TwizzleDee · 17/08/2024 12:53

I taken copies of all this and reported it to Essex CC via their 'Report a fraud' form. which let's you upload documents. Can't be many people with these circumstances and as someone who used to do financial assessments for care homes, I'm pretty sure the staff will be able to work out who it is.

Maybe other Mumsnetters could do likewise?

Poor MIL, probably a lovely old lady who's been cherished my so many and along comes the son-in-law like a vulture circling.

Nothing has happened or are you wanting him prosecuted for a thought crime?

HaPPy8 · 17/08/2024 12:56

There are some horrible cruel comments on here. I don’t know the answer to your question but I’m sorry you are in this position it must be very hard. I hope you are able to give your wife the best life possible together through whatever means that will be.

Otherstories2002 · 17/08/2024 12:55

Hateam · 17/08/2024 12:27

Thank you for the replies.

I understand the tone of many of the replies.

However , if you were in my position I doubt many of you would be eager to give the council all of the money!

You’re aware people like me pay for your wife’s care? I don’t particularly want to pay for that so you can sit on hundreds of thousands either.

AquaLeader · 17/08/2024 12:54

So you have offloaded your wife's care to a care home and this is paid by Essex County Council.

You want the taxpayer to pay for her care home bill while you pocket her £180,000.

What a prince.

5128gap · 17/08/2024 12:54

If you're aware of deprivation of assets then you'll already know that the only way you can avoid assets not being taken into account in a means test is by never having those assets in the first place. So if you and your MiL wants to ensure her money is not used to pay towards the services the state provides to people without assets, she needs to leave her money to someone not dependent on state services. Ie, not you or your wife. That said, if your wife is having her care funded for medical purposes this could remain free of charge anyway under a different funding stream. However where medical stops and care starts is often a huge battle and there is no guarantee your wife's inheritance would not need to go towards it. The only certain way to avoid this is to not inherit the money.

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