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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To write a strongly worded letter to my stepdad's kids?

66 replies

lelapaletute · 20/07/2017 23:13

So this is a long story, but the skinny version is this:

My mum has lifelong physical and mental health problems and has a difficult marriage with my stepfather.

My stepfather jointly owns a house with his first wife with whom he has 4 now adult children. He continued to pay off the mortgage for her after they divorced, and lived with my mum in the house she owned. They ran into serious financial difficulties after both of them were unable to find work. It nearly ended the marriage. My mum eventually sold the house, paid off their debts and bought another house outright in a cheaper part of the country.y stepdad came with her after much debate,but this was on the condition he make some attempt to leverage the asset he owned within the ex wife's house, via sale or equity release (he was very reluctant to do this, he has always been very deferential to ex wife which has caused a lot of the problems in his and DM's marriage).

When stepfather made approaches to his ex, two of his DC told him they would never speak to him again if he 'forced' their mum to sell or release equity. She refused to consider it, so to preserve his relationship with DCs DSF dropped it. His and my mother's marriage never really recovered from this.

Fast forward to now - DSF has had a stroke and is substantially impaired. My mother is now his full time carer. Neither of them work so there only income is from early released pensions (small). They are not entitled to claim any benefits due to my dad's supposed 'asset' (half his ex wife's house) which he can neither access nor relieve himself of in order to claim benefits as this would constitute voluntary deprivation of capital. They have sought legal advice and apparently there is no way the ex can be forced to sell, share the property with DSF, or release equity to him.

My mother is going under with the stress of providing him with 24 hour intimate care, has no money to pay for respite care, and is talking about suicide. Her only leveragable asset is the home they live in, which she does not want to touch as she worries she will need it to pay for her own elderly care in due course. My sister and I are giving her what support we can, but we both have little money, young families and live at the other end of the country.

WIBU to write to my DSF's children and ask them to reconsider their stance on their mother's house and ask her to reconsider equity release given these changed circumstances? At the moment it seems like my sister and I are being expected to pay for their father's care in order to protect their inheritance, and it galls me enormously.

If the ex won't budge, would I be unreasonable to encourage her to divorce my DSF? I know this may seem incredibly harsh given how ill he is, but she simply can't afford to be married to him any more, she will either kill herself or lose everything she has trying to get him adequate respite care.

If she divorced him, his children would have to accept responsibility for caring for him, and hopefully their mum would then relent and release his money from their house so he can get the care he needs. This will never happen as long as the only people making sacrifices are my mum, my sister and me.

So AIBU to expect his kids to step up?

OP posts:
lelapaletute · 21/07/2017 08:09

Lifeinthecountry I'm well aware my version is one sided sigh I'm just really stressed and feel like it's very unfair all the burden of dealing with their father's problems should be falling on me, and everyone would judge my mum and me so harshly if we just focused on her best interests and let him sort himself bur it seems no-one expects anything of his kids. I don't want to shaft his ex; but I don't want my mum to be a full time carer to someone who is physically and mentally incapacitated when she herself is far from well; I don't want her to lose her home and I don't want her to kill herself. It just galls me I'm thinking all these thoughts and taking all these steps while they are just blithely getting on with their lives. I think on that score at least IABU. But it is how I feel right now... Time to pull my big girl life's not fair pants on I think!

OP posts:
VulvalHeadMistress · 21/07/2017 08:10

This reply has been deleted

Message withdrawn at poster's request.

lelapaletute · 21/07/2017 08:13

She's been waiting on a GP appt for a month - finally getting one 2 Aug. She's asked for counselling and is on a waiting list. The trouble is when you take the steps that seem logical there end up being all these barriers and delays and in the meantime they are haemorrhaging money and my mother is giving up hope.

OP posts:
HipsterHunter · 21/07/2017 08:14

I don't think they would give a shit about a letter from you.

she really needs to see a good solicitor to work out what they can and can't do with the house.

PineappleScrunchie · 21/07/2017 08:20

I don't understand why you would believe that he was the perfect, innocent husband and father to his first wife but suddenly morphed into a selfish nightmare for your mother.
I would at least entertain the possibility that his kids aren't interested in helping him because he's behaved badly to them/their mum too.

lelapaletute · 21/07/2017 08:27

To be fair he's not been a selfish nightmare to my mum pineapple. Their problems stem largely from the fact he's chosen to allow his and her situation to deteriorate in order not to inconvenience his ex. Although as I say I'm sure there is more to the story, I'm unlikely to have had the version which paints him as a prick from him (and likewise his kids aren't going to have had the version that makes him out to be about upon martyr from their mum).

OP posts:
lifeinthecountry · 21/07/2017 08:37

I definitely don't think you should be the one looking after dsf - I absolutely think you should be focusing on your mum's needs and doing whatever is best for her, it doesn't matter what anyone else thinks. That might include going over her head to speak to her GP now if you think she is seriously suicidal, so that they can start getting a support plan of some kind in place for her.

In the meantime, she really needs proper advice on exactly what support and benefits they are eligible for, so it's not all falling on you. It sounds exhausting.

Longdistance · 21/07/2017 08:46

I'd be tempted to dump dsf on the exw's doorstep, and leave him there. If he likes her so much, he can fuck if there then.

Ginlovinglady · 21/07/2017 08:48

If your mother divorced him she would be entitled to half of his assets as much as he's entitled to half of hers surely.
So at least if she divorced him she might get away with keeping her own property outright. I.e . He gives her his half of "her" house to keep the ex wife's

But it sounds to me that she's been a bit of a martyr in all of this. Including dealing with all of the benefits etc. Just giving up and as you say Catastrophising

Perhaps you need to sit down with them separately and try and get some truth about the situation

Find out why he won't force a sale
Your mother could force the sale by initiating divorce it seems

TheNightmanCometh · 21/07/2017 09:06

There's no way you've got the full story here.

They need to pay for proper legal advice. No fucking about at cab. They're amazing at what they do, but this is a solicitor matter. They can't afford not to.

VladmirsPoutine · 21/07/2017 09:19

Don't write them a letter. You'll most likely make them think you're a money-grabbing banshee.

You definitely need legal advice, but then again the issue here is the finances.

As a first port of call get your mother to the GP - talking about suicide needs to be addressed. I'd also say to your mother to not set herself on fire to keep someone else warm.

If they were to divorce and divvy up the assets then surely your DMs house would be included in that?

Velvian · 21/07/2017 09:22

Your mum needs to talk to adult social services & go through a financial assessment for care. If your mum is the owner of the property they live in and his ex wife is living in the other, it's likely that the ex wife's house won't be taken into consideration. However, if it is, it's not your mum's problem. The local authority would encourage a deferred payment agreement where the owners agree for a charge to be placed with the Land Registry on the property. If the owners don't agree, the LA can take legal action to secure a charge. Have a look at The Care Act 2014. Your stepfather will be entitled to care without any impact on the assets in your mum's name.

Babbitywabbit · 21/07/2017 09:30

I agree there are big chunks of the story missing. I also think there's absolutely no value in you writing to the step kids- they won't give a shit and it could even make things worse.

Difficult though it may be I think you need to take a step back and let them sort out their own mess. Your mother may have health
Issues but she's a grown woman who has made choices and also had the wherewithal to buy a property outright so I don't think you should feel financially or emotionally responsible.

Your step father may have a claim on your mums assets if they divorce but that works both ways and she can claim on his. If you're correct that he owns a property jointly with his ex and he's been paying the mortgage, then he needs to force a sale. There are no dependant children living in that house; I can't see why on earth he isn't liquidising his assets to provide the cash he needs. Well, I can- because so long as your mother is providing what he needs and he can keep his kids on side by maintaining the status quo with his property then he has no incentive to do anything.

Your mum and step father don't sound that old (you mention them taking their pensions early to fund themselves but clearly there is a shortfall so it doesn't sound like they've accrued huge pension pots.) it's bad financial management all round. Ultimately they're cash poor but relatively asset rich- between them they own one house outright and he has a share in another. From the info you give (which I appreciate isn't the full story) my advice would be: they divorce (you say it's a bad marriage with no love and she's always been second best) , liquidise their assets and then your mum can set up elsewhere. It will mean downsizing but if she's on her own that's not a problem

ittakes2 · 21/07/2017 09:39

YANBU

AcrossthePond55 · 21/07/2017 14:24

You need cold, hard facts. Not your mum & SF's speculations and prevarications.

1-get hold of a copy of your SF's divorce papers ASAP. I'm sure your SF 'won't know' where his copies are, but where I am (US) divorce papers are normally public records and you can get them from the county records. I'm not sure if the same is true in the UK. If they aren't then you need to make your SF sign a request for them.

2-take those papers to a solicitor ASAP. I'd rather spend £1000 for real advice from a solicitor than continue to run myself ragged between your DM, your SF, and his family as you are now.

3-ask the solicitor about the ramifications of your mum and SF divorcing. Is there 'leverage' here? Could your mum claim part of SF's share of his house. That may be something to use with his children; either sell and divide now, or ex-wife buys out SF, or when the time comes your mum will get part of their 'inheritance'.

If you can't get the papers, sit your SF down and make him explain his divorce. Take notes. Tell the solicitor you aren't sure of the actual facts. Chances are if you can't get SF's divorce papers, the solicitor can.

Again, I'd beg, borrow, or steal the money for a good solicitor. Good legal advice is worth its weight in gold.

rightwhine · 21/07/2017 23:51

If he really is mentally and physically incapacitated, what would happen if your mother told the GP/authorities that she is no longer able to care for him - which in actual fact she isn't!

They won't make her sell the house whilst she is alive but they may retain an interest in it after her death. In the meantime they will have to house and care for him and may pursue his other assets or make his children sit up and take notice.

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