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Original poster

Will / trust avoiding care home fees

28 replies

BasiliskStare · 08/12/2024 23:16

  1. I am asking for opinions here - I will seek legal advice or advise my brother to.
  2. I am not asking anyone to give me a definitive answer - but advice welcome .

My brother has asked me to be executor to his will and read it. He has explained that the solicitor ( they found then with a a stall at a fair ) . The solicitor has drawn up a draft will where on the first deceased person ( DB and DsIL have no children ) the house and assets go into a trust for the benefit of the spouse.

BUT it sounds like the Trustees who are these solicitors have to agree to house being sold etc.

My brothers estate as and when isn't worth a great deal (estimate and he has told me so )

How it seems to be have sold to him is that if they put house money & other assets all into a trust it protects them from having to pay care home fees. But the Trustees ( which is this firm , have to agree to any sale of house ( not necessarily care home but just generally for just even moving house for surviving spouse. )

I don't like the sound of it and given I am going to he an executor - I am going to take advice.

Do you think I am right in being sceptical about this. ? I just think this is something DB has been " sold" .

Basilisk

OP posts:
Original poster
BasiliskStare · 10/12/2024 19:26

@Tubetrain I agree with you - & this is what worries me. Their estate wouldn't even use half the IHRT tax limit at the moment - be in no doubt they have a nice house but in a very inexpensive area of the country . I think they are throwing the baby out with the bathwater to leave nieces and nephews some relatively small amount when they could spend it on themselves. I have told my brother this but other side of the family are constantly asking who the money will go to .

But thank you for that - I would want them to pay ( if it were ever needed ) for somewhere nice not somewhere you wouldn't put your dog in - I am not sure they have thought this through . 😊🐾

OP posts:
Tubetrain · 10/12/2024 19:41

BasiliskStare · 10/12/2024 19:26

@Tubetrain I agree with you - & this is what worries me. Their estate wouldn't even use half the IHRT tax limit at the moment - be in no doubt they have a nice house but in a very inexpensive area of the country . I think they are throwing the baby out with the bathwater to leave nieces and nephews some relatively small amount when they could spend it on themselves. I have told my brother this but other side of the family are constantly asking who the money will go to .

But thank you for that - I would want them to pay ( if it were ever needed ) for somewhere nice not somewhere you wouldn't put your dog in - I am not sure they have thought this through . 😊🐾

though to be fair I might want a nicer care home for my dog than for some of my relatives :-)

Original poster
BasiliskStare · 10/12/2024 20:08

@Tubetrain and they do have two dogs 😂

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