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Buachaill
Buachaill, Lawyer
Category: Republic of Ireland Law
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Experience:  Barrister 17 years experience
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Hi, My father died in dec 2012. In 2007 he made his will, bequeathing

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Hi, My father died in dec 2012. In 2007 he made his will, bequeathing his pub to his son, who had been running the pub for his own family for decades. My father had no income and had nothing to do with it for decades.
He bequeathed a house to his daughter, in which she had been living and rearing her family for decades.
He left the family home to his wife, during her lifetime, and after her death it has to go to another daughter.
In 2009 my mother was admitted to a nursing home.
My father applied for the Fair Deal support for her, and was given one third of the costs.
He omitted to mention the two properties and savings he had in bonds.
After his death a review started which is still ongoing. I was asked for all details and as executor of his will I was obliged to give them all the relevant information.
They stopped the support and issued a bill for all monies to be returned.
They said they are seeking advice on how to assess my mother since my father’s death. At the same time they have issued a review from the time of his death which assessed his whole estate and said she was not eligible.
I cannot find reference to this scenario in the Nursing Homes Support Act 2009.Are they correct? What do you think the scenario will be after the will is executed?Anna
Submitted: 1 year ago.
Category: Republic of Ireland Law
Expert:  Buachaill replied 1 year ago.
1. I don't mean to sound pessimistic but normally what happens in this situation is that the monies paid out under the Fair Deal scheme for your mother will be recouped from your father's estate. Secondly, given the history involved, your mother will possibly have to pay for her own nursing care, for the period after your father's death. This will of necessity mean that her life interest in the former family home will have to be sold to pay for her upkeep. ONce the house is gone and the money disbursed on nursing home care, then your mother should then be re-assessed at which point she will have her nursing home care provided by the State. However, until such time, she is highly unlikely to receive any free nursing home care.
2. However, the review which assessed your mother's assets to include all your father's estate subsequent to the date of death is incorrect, when & if the estate is administered. Here, you as executor of the estate should seek to administer the estate as a matter of urgency once the liability to the HSE is assessed. ONce the estate is administered and your mother's life interest is dissipated, then another review of your mother's situation should be called for.
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Customer: replied 1 year ago.

Just one question to clarify your answer-Can my mother sell the house eventhough my sister was promised it after my mother's death?

Expert:  Buachaill replied 1 year ago.
3. YOur mother can sell her interest in the house, which his a life interest. This does not affect her daughter's interest in the remainder left over after the life interest has expired. This is the sale, not of the house, but of an interest in the house. Be aware that as executor you have power of sale of all assets in the estate if this is necessary to meet any liability which is owed by the estate of your father.
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Buachaill, Lawyer
Satisfied Customers: 8417
Experience: Barrister 17 years experience
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