Has anyone paid off the care home debt from their own capital to enable them to keep the deceased parents house?
My mum has passed away and there is a charge on her property to the council. The beneficiaries would like to keep the house rather than selling it and would pay the debt off from their own capital. All seems complicated though and wondered if anyone had done this .
Thank you
Surely it should be just a matter of giving the council the outstanding amount???
We are currently right in the middle of arranging a DPA for my mother. All the agreement says is that the deferred amount must be paid back to the LA within 90 days of her death.
We already know that this would probably not be possible from the actual sale of her property, as it is rented out, so will likely have to take a short-term bank loan to cover the amount.
I don’t think the LA could care less where the actual money comes from!
Pennie, that’s a strange clause, because until probate is granted the house doesn’t really belong to anyone.
It is the responsibility of the executors to arrange transfer of ownership to whoever inherits it.
You can’t do anything with it until probate is granted.
I would question the legality of that clause! If it’s not valid, it could in fact have the effect of rendering the whole contract invalid. Maybe take some legal advice before it’s signed?
Thank you for your replies.
Yes it is just a case of paying the debt off but it’s complicated by the fact the Welsh government allow the estate to retain £50k. The property is probably only worth about £75 K and the debt is £35 K plus there are 5 beneficiaries ( I’m one of them ) but I’m the only one in a position to pay off the debt . The other beneficiaries are my sisters and 2 children. Nothing in my life is easy.
Also The property is tenanted.
Yes I wondered if the 90 days would be extended because if probate as until that is granted nothing can be done .
I’m confused and pretty exhausted so trying to forget about it until after the funeral .
Worrywart, between now and the funeral, only do what you absolutely MUST do. Try to rest as much as possible.
If you are the only one able to pay off the debt, doesn’t that mean that either the house is sold, or you buy out the other beneficiaries? Definitely something you need to take legal advice about.
Bowlingbun you are right, I’m trying to do too much and I’m just exhausted by grief and all these decisions , thank you for that good advice I’m not doing anything until next week, unless I have to .
Thanks again
It will take a very long time to get your real vitality back, I describe it as falling over the Cliff of Tiredness. After the funeral go away for a few days self catering, when you can eat and sleep without the distractions of home. Take a book to read. Go for gentle walks, and sleep some more.
If the house is worth £75,000
You are allowed to keep £50,000
That leaves £25,000 maximum to pay.
How come the debt is now £35,000???
Surely they should have stopped charging at £25,000?