House left to me my my father on condition my mother in law can live in it.

[walksandra]

My mother passed away nearly 14 years ago and my father got married again.
My father passed away just over 2 years ago and my father's half was left to me on condition my step mother could occupy the house until her death or entry in to a nursing home.
Unfortunately my step mother has been taken in to care with dementia and I want to sell the house.
The council has now said I can not sell the house until after my step mother's death as she could recover and would have the right to go back to it.
Also the council wants the house renting out to obtain money for her care.
I have pointed out the clauses in the agreement that my step mother is liable for the council tax, insurance and maintenance of the property.
The council has claimed I will have to pay these expenses as all of the rent will be taken for care fees.
I am just wondering where I stand now.
Every nurse and doctor has said her chances of recovery are nil.

Sandra

On the presumption that the life interest trust is crystal clear in terms of the trigger events then it sounds as though the trust has now come to an end and so the house can be put on the market and you will receive your share of the net proceeds.

You should, however, run the will by a local solicitor first; I'm advising in the dark.

Sorry, no idea but didn't want to read and run. Free half hour consult with a solicitor?

Can you get the doctors to write a statement to say she won't recover?
I'm sure the council can't dictate what you do with the house. If you have power of attorney then you make the decisions.
A friend's mother was taken into care with dementia and the house had to be sold to pay for care costs.

Is your a stepmother a part owner? If so she can sell together with you and use her share to pay her fees.
If she only has an interest in possession she has no right to rent it out (again, I 'm advising without seeing the will)
If you want me to check the will ( no charge) , feel free to PM me.

Hi Knit2togtbl

I don't have a power of attorney and I am now the sole owner according to the land certificate and I stated the house can not be sold to meet the care fees as it is my house not my step mother's.
The council first tried to say as she was married to my father she was the beneficial owner of the house even though it was in my name.
All that exists in relation to her interest is the copy of my father's will stating she has the right to occupy the house until her death or until she enters care and she has now entered care.
The son who has the power of attorney has agreed this event has happened and the house can be sold but the council disagrees.

Sandra

My reading of it is that step mum has half.

No, it sounds like the other half belonged to the mum, not the stepmum. What happened to that half? Did it go to your father or directly to you? That may be where the council is getting confused.

Hi RedHelenB

I owned my mother's half immediately on her death as she willed it to me.
My father willed his half to me on condition I let my step mother stay in the house until death or going in to care.
My father's half was transferred to me on his death but I have got to honour the terms of the will.

Sandra

Who owns the other half? I don't see how the council have a say in it if the house belongs to you. The terms of the will have been met. Sound like the council are misinformed about the situation or they are trying it on.

Well there you go then. The council are talking bollocks. Get a solicitor to write to the council explaining the situation and put the house on the market.

The council can't actually stop you selling the house though, as it belongs to you.

Thanks for clarifying. The LA are totally wrong. You can do whatever you like with the house, assuming that the trust doesn't specify that she must be absent/ in a home for a minimum specified period.

Hi mumblechum1

Thank you for your opinion.
Looking strictly at the wording of the will it looks if my step mother only has a right to the house until she enters a nursing home.
She had a temporary stay in a nursing home for 6 weeks about 18 months ago. Obviously I kept the house for her under those circumstances but it looks as if I could legally have sold the house at that point as she had entered a nursing home.
Probably the will should have been worded permanently entered a nursing home or something to that effect.

Sandra