How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Thomas Your Own Question
Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 7590
Experience:  BA (Hons), PgDip, Practising Solicitor
28732269
Type Your UK Law Question Here...
Thomas is online now
A new question is answered every 9 seconds

Myself ,husband and my 91 yr old brother with his 63 years

Customer Question

myself ,husband and my 91 yr old brother with his 63 years old downs syndrome son,all live together in a three way jointly owned property .the question is what claims will be made on our property for the care of nephews behalf the on my brothers passing.he is totally dependent on others .for food drinks showers ect incapable of fending for himself 24/7 help needed
JA: What state are you in? It matters because laws vary by location.
Customer: we live in the UK
JA: Has anything been filed or reported?
Customer: NO
JA: Anything else you want the lawyer to know before I connect you?
Customer: It is just a concern we have at the age of 73 we may not be able to care for him
Submitted: 7 months ago.
Category: UK Law
Expert:  Thomas replied 7 months ago.

Hi,

Your nephew is not one of the owners of the property, correct?

Tom

Customer: replied 7 months ago.
he is not on anything
his name is ***** ***** the disability payment and state
pension
Customer: replied 7 months ago.
I'm not able to talk to you as my brother is approximately 3 meters away from me and I am partially disabled so to move away from him to another room is difficult for me
Customer: replied 7 months ago.
difficult for me to move into another room to talk to you just carry on as we are chatting please
Expert:  Thomas replied 7 months ago.

Hi

Thanks for your question. I will try to help.

If your nephew is not named on the registered title for the property as an owner of it then the local authority would not be able to make a claim against the property for any care home fees owed in respect of your nephew.

They can only enforce monies which are owed against your nephew’s personal assets, which do not include the property if he is not an owner.

They only way that they conceivably could is any of you signed an agreement which obligated you to repay care home fees owed because of your nephew, which presumably you have not and wouldn’t do. Even then they would only be able to claim against that person’s share and not the whole of the property,.

My goal is to provide you with a good service. If you feel you have received anything less, please reply back. Please remember to leave positive feedback using the stars at the top of the page.

Kind regards,

Tom

Customer: replied 7 months ago.
because he is my brothers son is he entitled to any of my brothers input into the third share of our 3 way joint property.
Customer: replied 7 months ago.
he is totally incapable of looking after himself .he sleeps with my brother and has to be taken to the loo 3 times a night and at 73 we don't want to replace my brother care eventually
Expert:  Thomas replied 7 months ago.

Hi

Do you know if you own your property as 1. Joint tenants or 2 tenants in common?

Tom

Customer: replied 7 months ago.
I believe it would be just joint tenants .as when we came to sign paper work we just insisted that my brother signed as well in case anything happened to hubby and myself and our family could not evict brother and son although it would NOT happen
Expert:  Thomas replied 7 months ago.

Hi,

If you hold as joint tenants then your brother's share in the property would pass automatically you upon your brother's death. This remains the case until once of you changes from joint tenant to tenants in common (land registry would write to you if this happens).

If you hold as tenants in common then your brother's share would pass under his will or the intestacy rules if he does not have a Will. If your brother does not have a will and is unmarried then your nephew would inherit his share in the proeprty along with any other nieces or nephews that your brother has.

You can check how you hold your interests by downloading a copy of the register for the property from the Land Registry by paying a £4.00 fee:-

http://www.landregistry.gov.uk/wps/portal/Property_Search

Look at the proprietorship register of the title you have downloaded from the Land Registry (where the proprietors of the property are listed). If the following entry is immediately below the named registered proprietors then the interests are held as tenants in common:-

" No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the Court"

If there is no such entry then the property is held as joint tenants.

Please remember to leave feedback using the stars at the top of the page.

Tom

Customer: replied 7 months ago.
thanks Tom
you have been very helpful ,
you have given me some very useful advice.
I feel a weight has been lifted from my shoulders .
I was worried in case the passing of my brother would bring me more worry for my nephews future financially
so I am relieved
thanks again Iris
Expert:  Thomas replied 7 months ago.

You're welcome, but please do remember to leave feedback using the stars at the top of the page.

Tom

Expert:  Thomas replied 7 months ago.

Hi

Is there any further information you require?

I just want to ensure that you are satisfied, so please let me know if you have any further queries on the information I have provided. If you have no further questions then please do leave positive feedback using the stars at the top of the page.

Kind regards,

Tom