What happens if a house if left in a will but sold before death?

[Thedarksideofthemoon30]

Just that. What happens if say someone leaves a house in a will to somebody but the house is then sold while relative is in a care home by another relative?

And what happens to the money from the sale of the house?

That's very informative @Keepingthingsinteresting. A good reason to be less specific when writing wills.

This is exactly why our solicitor advised us against leaving the house in our wills, and advised instead to leave percentages of our estate.

Unless you actually want someone to have the actual house because it’s been in the family for generations, or is of extremely great sentimental value, it’s such a bad idea to specifically name the house as part of a will.

My mums will stated that when she died her half was left to my sister and my son and my dad had a life interest she passed away 18 months ago
My dad now might need to go into a nursing home so if the house is sold to pay for his fees only his half can be used to pay for the fees
This is one of the ways that parents can leave something for their children if they want to
Otherwise it will all go o care home fees if necessary

There are strict guidelines to follow when you have POA and if you feel they have abused their 'power', then you can approach the Public Guardian Office for advice.

So you don't actually even know what the will says? The house may not be mentioned at all? And how can you be so sure that the person didn't need to go into care? There may have been isues which you weren't aware of?

I don’t quite understand because a power of attorney does not normally come into force until the person involved is incapable of managing their own affairs . So it depends how the POA was set up in the first place .

If you have any concerns at all then you can always contact the solicitor ? The monies from the sale of the house would be part of the estate so would have to be accounted for and distributed as per the will ?

How long ago was the house sold ?

The financial POA and the will are separate and distinct (although POA could also be executor).

A POA can't just move a person into a care home and sell their house without their agreement unless the person lacked capacity. And even if they did lack capacity to put someone in a care home against their wishes would take a Social Services "Deprivation of Liberty Order" via the Court of Protection. If the order is agreed by the CoP then the individual is allocated an independant DOLS advocate and has a close friend or family member to act as their representative. If the individual wants to challenge the deprivation of liberty order then they, or their representative, must appeal to the CoP.

A person with POA can't just ride roughshod over the individual's wants and requirements; what they do has to be in the individual's best interests.

Normally if professionally written anyone writing a will is encouraged to leave percentages rather than specific things to individuals - maybe some gift items of lesser worth but it is for this reason.

If you have issue with the PoA and how they executed the finances of the individual you need to challenge that in the relevant court, especially if they are a beneficiary of the will and it was to their advantage

This is all hypothetical until you actually see the will.

there is a choice with a financial POA - it can be active immediately without a lack of capacity coming into play, for example if someone long term in care or hospital and doesn't want to be sorting out stuff re house etc. Technically they should consult with the person involved if they still have capacity and act on their behalf but again must be in their best interests not anyone else including other will beneficiaries. It could well have been in the persons best interests as no bills and costs associated with houses and money can be invested in low risk items to provide a level of income etc as opposed to just costing.

My aunt's will left her house and contents to Niece A, her car to Niece B and her money divided between Niece B, Niece C and Niece D. Niece C had POA. Two days before my aunt died Niece C sold the house and the car. There was plenty of money left, as aunt was in hospice then. This left Niece A with nothing and increased the "profit" for B, C, and D. B divided her inheritance with A but C and D refused.

@GeorgiaGirl52, blimey! I bet that did a lot for family relations.

OP, your solicitor will advise. It's pretty pointless speculating without knowing what the will says, and it's always best to remember that very few people posting on MN are legally qualified.

@Thedarksideofthemoon30

It’s with the solicitor, it’s not gone to probate yet so unsure what it says. It just makes me sad as he was desperate not to sell his house and he had money to be able to pay for the carehome fees without needing to sell it. He didn’t even want to be in a care home and POA made him, he could have easily had a career at home and been happy for the last few years.

POA should only have come into effect if he didn’t have capacity to make his own decisions though. He could have cancelled the POA at any time if he was mentally well enough to do so.

You need to see the will.

He was sadly stuck in the care home and unable to leave to cancel POA.

His other daughter tried to sort it but the poa worked at the carehome and wouldn’t let him leave. It was a crap situation. Only reason he was put into care was because he had a fall at home. He was mentally fine. Until the last year actually but that was because he was put in the home his daughter worked at which was mainly a dementia carehome and he had nobody to talk to, he spent most
Of his time in his room.

The OP has said she doesn't even know if the house was left to anyone!

OP, he wouldn't have needed to leave the care home to cancel the LPA. As long as he had mental capacity, then it could have been revoked.

As soon as someone moves into permanent care, their house is usually sold. It doesn't matter whether they have savings; if there is no possibility of them returning home then there is no point in keeping the house. It would also mean they could pay for better care.

If the house was left to someone in the Will but was sold before death, then that beneficiary will NOT receive the cash equivalent unless the Will specifically states this.

We knew someone like this - the bald truth was they couldn't in any way shape or form manage at home (hence the care home). The person we know also refused carers, which made it very difficult as she really couldn't manage without help.

She was got into a care home "for a break" by her POA as no one could really see a way forward. She actually chose not to move back as she realised she was in the best place.

While the house didn't "need" to be sold to cover the fees, it was a risk having it unoccupied so it was sold.

Just thinking that someone from the outside would see a fiercely independent woman who did everything to stay in her home - who was "forced" in to a care home by POA then the house sold from under her. The reality was very different!

Unless you’re an executor of the will, then it’s unlikely you’ll see it or have the right. His daughter put him in the home where she works? It is normal to sell the house to fund care home fees, they are incredibly high, mil’s home was over a £1K a week, specialist dementia home.

@Cherrysoup - once probate has been completed, anyone can download it from a government website.

@Thedarksideofthemoon30 until you have tried to organise care at home (or at least thought about the practicalities involved) I suggest you keep your comments to yourself.

Being PoA to someone who is failing is very stressful. We were in this situation with a family member. There were a lot of assets & we could easily have paid for in home care. But sadly we couldn't find a care agency to organising a team to work around the clock in one home. It's not very lucrative for them.

Therefore in order to achieve this we would have had to directly employ the carers making our selves liable for sick pay/ maternity pay etc and plugging the gaps when people couldn't come in. Combined with already busy lives (children/ jobs/ travel associated with work) it was a non starter and the only option left was a decent care home.

My siblings and I who had been dealing with the day to day shit of supporting this family member at home would have been pretty pissed off if someone who wasn't involved in the heavy lifting criticised our actions.

Being someone's POA in these circumstances is a huge undertaking actually, and I don't think there is quite as much 'power' as is being made out. It wouldnt have been granted or sustained if this wasn't appropriate, and falling at home is a fairly serious indication of ailing ability of self care.

Do you know/have seen his full medical records, social care service reports and care home managers file on him OP? It is very possible he was not managing as well as you think albeit it is very challenging and sad when someone goes into a care home when this is not what they ideally want.

We put my DGM in care as although she was saying all these things and hiding things well, practical assessment from qualified professionals stated otherwise. She started with a carer in the home but they are not there 24/7 and it just doesn't always work if there are falls or dangers inbetween those visits. We also attempted to care for her as a family but it was too hard and dementia can cause sufferers to say things such as that they are fine and we are locking them up when they would manage fine/that they would be better at home.

Incidentally the house was due to be left to my DM but the entirety of it went on care home fees. I wouldn't wish any of it on anyone and the toll on my DM as POA at the time was unbelievable. They monitor financial goings on with a fine tooth comb to the point it was arduous withdrawing funds even when for perfectly sanctioned reasons.

If you are next of kin I would discuss the reality of the situation with his care home manager for some clarity or ask to see a copy of the will.

Sorry for your loss.

[quote Charley50]@Cherrysoup - once probate has been completed, anyone can download it from a government website. [/quote]
Download the will I mean!

@Charley50 but not everyone registers it so that isn’t necessary true.

It's quite unusual specifically to leave a house to someone - you normally leave the estate/share of estate.
But if the proceeds have gone on care fees, why do you feel that tax-payers should pick up the bill to protect the inheritance chickens that you were counting before they were hatched?