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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:
Cosyblankets · 17/08/2024 20:03

Arrivapercy · 17/08/2024 19:59

OP is talking about asking his MiL to leave whatever is left to himself rather than his wife - thus diverting the funds to avoid having to pay care fees for his wife.

Surely any care his wife receives, if means tested, will be based to a degree on their shared assets, excluding the property op himself lives in? I don't see how leaving the money to the op rather than the wife will affect it given assets are jointly owned when married.

A friend is going through this with her husband
Money in joint names they count 50%
Money in sole name belongs to the account holder only

5128gap · 17/08/2024 20:02

Livelovebehappy · 17/08/2024 19:43

Maybe because his MIL might have worked her arse off to earn her money, instead of living off the state which would have entitled her to full care being paid for by the tax payer. It’s always the way on MN - anyone who dares to have money in the bank, or assets, should hand it over to the council to subsidise those who have frittered away any money they have.

By the time an elderly person needs care, realistically they have no further use for their house or large quantities of savings. All they need for the remainder of their lives is care. So it's really no detriment to them at all to use their assets to fund it. The only people to lose will be the would be beneficiaries of the elderly person who are chasing a chunk of free money. Given you're one of these people who insist in linking wealth with working ones 'ass off' (because the poor don't work hard of course!) then why would you defend that? The beneficiary's won't have worked their asses off for that money, so why should they get it at the cost of the tax payer?

wilteddandelion · 17/08/2024 20:02

gizatwirl · 17/08/2024 15:29

Don't worry another nasty,vindictive poster has already beaten you to it.

it's not nasty and vindictive to think if someone has the money for care, they should be using their money for that as opposed to "day trips and visits to nice restaurants and the theatre" 😑

Rosscameasdoody · 17/08/2024 20:01

Arrivapercy · 17/08/2024 19:59

OP is talking about asking his MiL to leave whatever is left to himself rather than his wife - thus diverting the funds to avoid having to pay care fees for his wife.

Surely any care his wife receives, if means tested, will be based to a degree on their shared assets, excluding the property op himself lives in? I don't see how leaving the money to the op rather than the wife will affect it given assets are jointly owned when married.

Any assets which are solely in one partners’ name are not included in the financial assessment for care fees. One partner is not expected to subsidise the other from their personal funds - only from those assets in joint name.

Arrivapercy · 17/08/2024 19:59

OP is talking about asking his MiL to leave whatever is left to himself rather than his wife - thus diverting the funds to avoid having to pay care fees for his wife.

Surely any care his wife receives, if means tested, will be based to a degree on their shared assets, excluding the property op himself lives in? I don't see how leaving the money to the op rather than the wife will affect it given assets are jointly owned when married.

Rosscameasdoody · 17/08/2024 19:59

Cosyblankets · 17/08/2024 19:56

His MIL is perfectly entitled to do this
Maybe she hasn't realised it would be swallowed up so quickly.
OP can ask his MIL
she can say yes
She can say no
It's her money
It's her choice
As I've previously stated not one person is legally entitled to see that will until someone dies so there are no assets to deprive

It’s not a question of legalities, it’s a moral issue. The intention is clear.

Domino45 · 17/08/2024 19:59

Your MIL may wish to leave any inheritance left to your wife to provide for her daughters care (that's her choice!). As people have said it may be taken by MIL's own care home fees in life and costs add up quickly!
If your really concerned speak to your MIL about her will. But as a son in law this isn't really your place and likely to be seen as grabby. It's up to you if you wish to over step and risk affecting your relationship with your MIL

I do sympathise, my nan is self funding her care. But it is what it is and if you have the funds you pay!

Arrivapercy · 17/08/2024 19:57

It is entirely possible that they are being funded through a combination of pension and investment income and that the £180000 is the likely residue once she dies.

I assumed it was this.

Cosyblankets · 17/08/2024 19:56

Rosscameasdoody · 17/08/2024 19:52

But the point is she can’t. OP is talking about an inheritance of £180,000. Unless it’s already protected then all assets will go towards MiL’s care. OP is talking about asking his MiL to leave whatever is left to himself rather than his wife - thus diverting the funds to avoid having to pay care fees for his wife.

His MIL is perfectly entitled to do this
Maybe she hasn't realised it would be swallowed up so quickly.
OP can ask his MIL
she can say yes
She can say no
It's her money
It's her choice
As I've previously stated not one person is legally entitled to see that will until someone dies so there are no assets to deprive

Arrivapercy · 17/08/2024 19:55

Nobody wants to pay for care home fees.

An inheritance is a lucky windfall, yet you think its more reasonable for you to want to avoid paying care fees for it, when presumably if such care is means tested, someone who'd saved from years of hard work would have to pay from their own savings. Is that any better?

I suspect if your MIL was 94, your wife is in her 60s herself so not young, and in reality while she may have initially needed medical care due to brain injury, it will become increasingly difficult to distinguish between that and the care costs many face as they age.

Are you sure the care she receives now is means tested?

Rosscameasdoody · 17/08/2024 19:54

Seeingadistance · 17/08/2024 19:49

Yes, good point. I hadn't thought of that.

Could very well be. Still doesn’t absolve the OP of trying to divert those funds into their own name to avoid paying the care fees that would potentially give his wife a better standard of care.

Justrelax · 17/08/2024 19:54

OP, I totally get it.

No way would I be happily handing over a hard-earned inheritance to fund care for a loved one who is unfortunate enough to need it at a young age. How is that fair? Especially when thousands of able bodied young men and women are claiming benefits that are being funded by the taxpayer.

I hope you manage to ringfence the money some way, OP.

Rosscameasdoody · 17/08/2024 19:53

Lollypop701 · 17/08/2024 19:52

This is how the rich stay rich and the poor get poorer… the rich have financial advisors to tell them how not to pay tax etc meanwhile the poor can’t pass assets on because morally it’s wrong. Fuck that

if I work and pay my taxes all my life then I want to leave something to my kids to help them up.. in this case op wants to have some money to give his disabled wife some form of living, not just existing.

no judgement here op , get the Same advice the rich get and enjoy the fruits of your mil hard work

While the tax payer continues to foot the care bill ?

Rosscameasdoody · 17/08/2024 19:52

Cosyblankets · 17/08/2024 19:39

She is not diverting funds anywhere
She's leaving it in her will

But the point is she can’t. OP is talking about an inheritance of £180,000. Unless it’s already protected then all assets will go towards MiL’s care. OP is talking about asking his MiL to leave whatever is left to himself rather than his wife - thus diverting the funds to avoid having to pay care fees for his wife.

Lollypop701 · 17/08/2024 19:52

This is how the rich stay rich and the poor get poorer… the rich have financial advisors to tell them how not to pay tax etc meanwhile the poor can’t pass assets on because morally it’s wrong. Fuck that

if I work and pay my taxes all my life then I want to leave something to my kids to help them up.. in this case op wants to have some money to give his disabled wife some form of living, not just existing.

no judgement here op , get the Same advice the rich get and enjoy the fruits of your mil hard work

Seeingadistance · 17/08/2024 19:49

Bluefields96 · 17/08/2024 19:39

Most posters are assuming MIL’s care fees are being met from a dwindling capital sum. It is entirely possible that they are being funded through a combination of pension and investment income and that the £180000 is the likely residue once she dies.

Yes, good point. I hadn't thought of that.

Respectisnotoptional · 17/08/2024 19:47

Twinklefloss · 17/08/2024 13:57

I sit on a committee with lots of doctors. They have told me about continuing health care and how hard it is to access. From the little information I have, it sounds like your wife should have her care paid for by the NHS. You will have to FIGHT for this but don’t give up. Most people are successful on appeal.

I can’t believe the response from some of the posters - this is medical care that the nhs should fund. Would you all be happy to pay for your hip replacements and cataract surgery ?

the other way to put the money out of reach of the council would be to leave it to grandchildren (your children) if there are any. But of course you and your wife would have no access to that money.

good luck

Very well said, I agree.

TheMoment · 17/08/2024 19:46

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Interesting thanks. I thought I had read 25% somewhere (maybe that was including in home car though…and was figures for all ages). Glad it is so low. I know it is rising though - due to various factors. Also just read on this thread Scotland have home care - but it is free and yet in England people pay. All seems complex - but I guess you only find things out if they directly affect yourself.

Rosscameasdoody · 17/08/2024 19:45

Livelovebehappy · 17/08/2024 19:43

Maybe because his MIL might have worked her arse off to earn her money, instead of living off the state which would have entitled her to full care being paid for by the tax payer. It’s always the way on MN - anyone who dares to have money in the bank, or assets, should hand it over to the council to subsidise those who have frittered away any money they have.

While we’re all in the same water, instead of complaining that some aren’t drowning fast enough, maybe look at those who are responsible for filling the pool.

RickyGervaislovesdogs · 17/08/2024 19:45

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🤷🏼‍♀️ Still fraud, still pissed me off as the person in question is severely neglected. No clothing, no snacks, no foot or hair appointments.

Was informed that social services will now cover her if we pursue deprivation. So the elderly person wouldn’t lose their place within the home.

Livelovebehappy · 17/08/2024 19:44

Sinderalla · 17/08/2024 19:34

You need to get out more Karen!!

Grow up….🙄

jellycatandkittens · 17/08/2024 19:43

MistyMountainTop · 17/08/2024 18:43

The question that you should have asked, OP, is "should NHS treatment be means tested?"

I bet you would have got a whole lot of different answers then!

This isn't about NHS / medical care. This is about day to day care needs.

Danglers · 17/08/2024 19:43

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5128gap · 17/08/2024 19:43

scotscorner · 17/08/2024 19:33

OP, sorry about your wife but I hope ‘the tone of the replies’ makes you think long and hard about the morality of what you want to do. As hard as it is to watch a large sum of money go on care, that care is very costly (and valuable) and someone has to pay for it.

The actions you suggest don’t reflect particularly well on you.

In normal circumstances I'd agree with you as I dislike people who look to avoid care fees in order to preserve inheritance. Because in such cases its typically greedy adult children wanting their hands on free money while the tax payer pays for their parents care.
However, in this guys case, I feel for him. His MiL is already paying for her care, as she should. The £180k will be all that's left and at this rate will go on the OPs wife's care. Care she needs not because she's elderly but because of horrible bad luck of a life changing medical condition. The OP has had his life turned upside down. His wife has lost decades of potential earnings. If this guy can find a loophole to keep some money to make his and his wife's life a bit easier, I won't be judging his morals.

Livelovebehappy · 17/08/2024 19:43

Tashface · 17/08/2024 12:09

Why don't you want Essex County Council to receive funds for your wife's care, if the funds are available?

Maybe because his MIL might have worked her arse off to earn her money, instead of living off the state which would have entitled her to full care being paid for by the tax payer. It’s always the way on MN - anyone who dares to have money in the bank, or assets, should hand it over to the council to subsidise those who have frittered away any money they have.

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