Need advice re a will and desperately ill in laws

[snowywhite]

I've changed my name for this but am a regular.
FIL has been in a nursing home for years.To avoid charges being levied,MIL was advised to put their (modest) assets in her name alone.

Unfortunately MIL now very ill.
Dh and brothers have realised she may go before the father and that if this happens,her (ie MIL and FIL) assets could be transferred back to FIL and in effect being used to pay for his 24 hour nursing care.

DH is making an appointment to see a solicitor and in the meantime wondering how to broach it with his mum.
We are hoping that all this has been pointed out to her anyway and appropriate steps taken,but just wondering if anyone else has been in this unpleasant situation?

TIA

My understanding is....
Your MIL could simply give big (or whatever size) cash gifts to her sons. If she doesn't die in the next 7 years (sorry to be blunt) no inheritance tax will be due.

Even if inheritance tax ends up being levied, that may be better than the nursing home getting the lot.

I don't have any direct relevant experience, so there may well be other, better options, but your MIL just giving money to her sons may be worth considering, and it is something your MIL could do very quickly & easily.

MIL needs to make a new will leaving her assets to someone other than her husband. She must speak to her solicitor asap.

That's what we thought....it just seems like such a horrid thing to ask someone to do though doesn't it?
Dh and brothers just don't want to see the modest sum eaten away by care for their father (who has given many many years of service to the NHS btw.)

Zebra,do you think the assets would automatically revert to fil if mil dies,even though he is not compos mentis?

Sory,too many questions I know but it must be fairly common. We assume that one person will die and often it's another. Apparently even Diana didn't leave a will!

Depends what her will says
There is a funny thing whereby the beneficiares of a will can rewrite it after the event provided they all agree

Thanks everyone for your help.
He'll find out for sure today.

Hiya - hope you manage to get it sorted. We have this going on with my Nan. When my Grandad died she kind of 'lost the plot' a bit. She has bought her own retirement flat but she is getting to the point where it is obvious she is going to have to go somewhere to be looked after and we are wondering what will happen to all of Grandad's money and how to approach her about it. It's a very tricky one. Let us know how your DH gets on with the solicitor.