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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Ethical quandary - what's fair?

72 replies

AnnaQuayInTheUk · 19/09/2025 16:40

It's looking as though MiL may have to go into a care home. She's a self funder as she has savings and a house.

DH has POA as MiL lacks capacity to deal with financial matters. He is trying to work out what is the fair thing to do re using MiLs savings or proceeds from the house sale first.

MiL and her late husband married 30+ years ago. They each owned a house, sold their respective houses and bought a joint property. They had a shared account for everyday living but each had an individual savings account with the money each had left over after the sale of their original homes. MiL house was worth quite a bit more than her husband's, so her savings are bigger than his were.

MiL and husband each have one child. Their wills state that, on death, the house and any joint savings pass to the surviving partner but the individual savings go to their individual offspring. When MiLs husband died, his savings went to his son. Both wills say that, after both of them have died, DH and his stepbrother should inherit the house and any joint savings equally.

DH gets on well with his stepbrother. DH thinks that, to fund his Mums care home place, he should use her individual savings up which will find a place for 2 -3 years and, if she's still alive after that time, the proceeds of the house sale should be used. He feels that it would be unfair to his step brother if the house sale funded the care home place first, as DH would eventually get MiLs savings in tact. I think that, as his step brother has had his Dad's individual savings pot, DH should have his Mums.

Obviously MIL might live for years and all the money, both from her savings and from the house, might be used up in her care. And that's absolutely fine. But in the meantime, DH needs to make a decision.

So
YANBU - the money from the sale of the house should be used to fund the care home before the individual savings are
YABU - DH should use up the individual savings before touching the 'joint' assets

OP posts:
LoftyRobin · 20/09/2025 07:45

MuchTooTired · 20/09/2025 07:43

I think the fairest way to both your DH and his step brother would be to spend £120k of his mum’s savings, then move to joint assets with a view to spending the £80k left last. Using it the way your DH suggests gives the SB a financial advantage as he had 80k and benefited from your MIL’s labour caring for her DH and ultimately avoiding any care fees, and anything left from the jointly owned assets gives him extra money and leaves your DH with less.

I'm really sorry if the above comes across as crass or is written insensitively, that’s not my intention!

But MIL was jusg caring for her husband like you're supposed to care for your spouse. She's not a stranger doing his son a massive favour.

Ponoka7 · 20/09/2025 07:57

I was going to adk if FIL didn't need care because MIL cared for him and because that was the case, then I think that the house money should be used first.
As for 'caring for a spouse because you should', since that became my situation and that of a neighbour, we've had a lot of discussions around previous generations being long dead, at the age and through the medical conditions, we are now living with. The care burdens of today just wasn't there previously.

TheWonderhorse · 20/09/2025 08:39

I agree with DH.

What the stepbrother inherited from his father has no bearing on what DH should receive from his mother. The circumstances are very different. Using the house last protects a portion of MILs estate for both of them. The only possible motivation for using the house money first is to maximise DH's personal inheritance at the cost of his SB's.

MontyDonsBlueScarf · 20/09/2025 08:45

Another factor to consider is how the nature of what's in each savings 'pot' changes over time. The joint savings presumably arose from 50/50 contributions, but any change in their value after they became just MiL's arises at least in part from her stewardship of them. If this is exceptionally good (or bad) then there's an argument that more (or less) than half of it is now 'hers' (though I appreciate that technically it's all hers).

Ultimately there isn't a single right answer, all the options have different pros and cons and different people will give these different weights.

Personally I think that as the individual savings funds were set aside for each side of the family, whereas the joint savings were intended to support the everyday living of both partners, it would be right to spend the joint savings first. By now the care home is an essential living cost. In the meantime I would put the house on the market.When it sells you can reassess what seems right at that point as it may not be the same as what seems right now.

WasherWoman25 · 20/09/2025 08:52

Could you not use half the house money, try and save the other half for step brother. And then move to her savings once the half has gone? Obviously wont matter if it gets to where other 50% is needed anyway.

No idea if this is possible legally etc.

LoftyRobin · 20/09/2025 08:53

Ponoka7 · 20/09/2025 07:57

I was going to adk if FIL didn't need care because MIL cared for him and because that was the case, then I think that the house money should be used first.
As for 'caring for a spouse because you should', since that became my situation and that of a neighbour, we've had a lot of discussions around previous generations being long dead, at the age and through the medical conditions, we are now living with. The care burdens of today just wasn't there previously.

And?

AnnaQuayInTheUk · 20/09/2025 14:53

LoftyRobin · 20/09/2025 07:37

So why dont you look after MIL so you don't have to spend her money on her care?

Because that wouldn't be in MIL best interests. She really needs more care than we can give. We both work FT, our house isn't suitable for her to live in - the bathroom is upstairs and she can't manage stairs. She would be much better in a purpose built care home with staff and people around all the time.

OP posts:
MuchTooTired · 20/09/2025 16:43

LoftyRobin · 20/09/2025 07:45

But MIL was jusg caring for her husband like you're supposed to care for your spouse. She's not a stranger doing his son a massive favour.

That’s certainly true and I don’t disagree. But the son did benefit regardless and it’s not fair to MIL if her son if he comes out financially disadvantaged because he spent all of his sole inheritance first!

AnnaQuayInTheUk · 29/09/2025 08:32

Hi everyone and thanks for all your advice and opinions.

Sadly MIL had another stroke last week and died 3 days later. Which is actually - from her PoV - a good thing as she never wanted to be dependent. She didn't suffer and it was quick.

OP posts:
Dearg · 29/09/2025 08:36

Sorry for your loss @AnnaQuayInTheUk . 💐

ChubbyPuffling · 29/09/2025 08:37

AnnaQuayInTheUk · 29/09/2025 08:32

Hi everyone and thanks for all your advice and opinions.

Sadly MIL had another stroke last week and died 3 days later. Which is actually - from her PoV - a good thing as she never wanted to be dependent. She didn't suffer and it was quick.

I know it can be a bit of a blessing, especially as it was quick with no suffering, but - so sorry for your loss.

MissScarletInTheBallroom · 29/09/2025 08:42

Sorry for your and your husband's loss, OP.

For what it's worth, I agree. I had one grandmother who had a stroke and lived for another four years in a nursing home with very little quality of life, and another who got pneumonia and died 48 hours later. I know what I would prefer when the time comes.

PurpleThistle7 · 29/09/2025 08:42

This reply has been withdrawn

This message has been withdrawn at the poster's request

steamingin · 29/09/2025 08:56

This reply has been deleted

This message has been withdrawn at the poster's request

RTFT ffs

@AnnaQuayInTheUk I'm sorry for your loss Flowers

ilovesooty · 29/09/2025 09:16

AnnaQuayInTheUk · 19/09/2025 18:34

That's true, but he was incredibly frail in the last few years of his life and had dementia. The only reason he didn't need a care home was because MIL did everything for him. If she hadn't been around, he'd have possibly been in a care home for 3 or 4 years before he died.

That's irrelevant.

AnnaQuayInTheUk · 29/09/2025 11:48

@ilovesooty well it's all irrelevant now that she's died, isn't it?

OP posts:
Annony331 · 29/09/2025 12:17

He should use the money to get the best outcome regarding interest etc for the mother.

This is his first responsibility and if there are accounts or investments that mean the rate is better with a combined amount this would be the option.

it is about getting the best option for the MIL and Her interests not anyone elses.

Research the best for her first

AnnaQuayInTheUk · 29/09/2025 12:45

@Annony331 please read the full thread. It's quite upsetting that you haven't

OP posts:
Hayley1256 · 29/09/2025 13:29

Sorry to hear that OP, it sounds like it was a blessing for her.

GameWheelsAlarm · 29/09/2025 13:38

Apologies

Swiftie1878 · 29/09/2025 14:06

AnnaQuayInTheUk · 29/09/2025 08:32

Hi everyone and thanks for all your advice and opinions.

Sadly MIL had another stroke last week and died 3 days later. Which is actually - from her PoV - a good thing as she never wanted to be dependent. She didn't suffer and it was quick.

So sorry for your loss. Hope your lovely DH is doing OK. 🩵🩵

NigellaAwesome · 30/09/2025 21:08

Sorry for your loss @AnnaQuayInTheUk

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