A Conversation for Ask h2g2
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FWR Posted Jul 22, 2013
Please get rest of family to seek legal advice, if the mum has Handed over poa under false pretenses it would constitute fraud and police may be the answer.
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KB Posted Jul 22, 2013
I'd also add in the interests of caution, beware of taking advice from *us* here on this thread, no matter how authoritatively we give our opinions. At the end of the day, who knows what credentials we have to give advice on the matter? It's another reason to get specialist advice from people whose bona fides you can check.
(Not a dig at anyone who's posted, honest - but a general rule for taking advice from people on the web who *sound* like they know what they are talking about...)
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Hoovooloo Posted Jul 23, 2013
"What sort of son would do this to his mother ?"
I blame the parents.
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Ancient Brit Posted Jul 23, 2013
Message understood KB have lurked around here for a year or two..
We are talking about a mother in her 90's and a son in his 70's. A lot of water has gone under the bridge.
Those involved in the mothers care and her social worker are uniting in her interest but guess that the son has emptied the golden purse and must now pay the consequence of helping himself to his inheritance before it was due. His mother has lived too long.
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U14993989 Posted Jul 24, 2013
Well KB post of 22 suggests that I and others shouldn't have contributed to this thread, - seek legal aid, go to the CBA etc - but aren't they the obvious remarks not requiring the attention of askh2g2?
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quotes Posted Jul 25, 2013
>>and is trying to get her care into the hands of a contractor, upsetting a caring situation that his mother has been happy with for years.
The elderly tend to need more care as they age, so are you sure she isn't in this position now? After all, you say she's had the existing care package for "years".
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KB Posted Jul 25, 2013
Stone Aart, I'm not getting into an argument. I made it perfectly clear that it wasnt a criticism of anyone who'd posted here.
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Beatrice Posted Jul 25, 2013
Yes, many of us gave suggestions, mostly all along the lines of "get advice" - KB did make it clear he wasn't directing his response to anyone in particular.
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Ancient Brit Posted Jul 25, 2013
OK folks, leave it here. The 'system' is taking care of the old lady, let's just hope that her son gets his comeuppance.
Thanks again to those who contributed.
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quotes Posted Jul 25, 2013
>>/.. leave it here.
One last thing which I don't understand; if he stands to inherit the house, why does he want her to go into an expensive care home, which would have to be funded by his inheritance?
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Ancient Brit Posted Jul 26, 2013
He conned his mother to make over her house to him some time age but she continues to live in it. After seven years it is his to sell with no capital gains tax. He also has power of attorney and access to her bank account but is responsible for her care. He has stripped her of her assets so she would live in a home at the tax payers expense and he can now sell his/her house.
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Beatrice Posted Jul 26, 2013
Good gracious where are you getting your information from
http://www.hmrc.gov.uk/inheritancetax/pass-money-property/pass-home-to-children.htm
The 7 year rule is for Inheritance Tax. But if she's continued to live in the house then that rule doesn't apply.
He'd only be exempt from CGT on the sale of the house if it was his primary residence.
And local authorites can go back as long as they like to decide if a house was removed from someone's assets as a means of avoiding care home fees.
Seriously, get some specialist advice on this.
For those who care
Ancient Brit Posted Jul 26, 2013
Beatrice - Social services have the case in hand. My source is one of those directly involved.
You link to inheritance tax and need to look deeper into the question of capital gains tax.
In this case the mother is still living in the house that she gave to her son some time ago.
He wants her out so that he can sell her home. I believe that he will be subject to capital gains tax and that the amount he has to pay will be affected by the time his mother has lived in the house since she made it over to him and any cost he may have paid in the upkeep of the property. In any event he has stripped her of her assets.
This is assuming of course that the rogue will declare the event to the Inland Revenue.
For those who care
Ancient Brit Posted Jul 26, 2013
PS - At the moment the son lives comfortably in his own home situated some 300 miles away from his mother.
Key: Complain about this post
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- 21: FWR (Jul 22, 2013)
- 22: KB (Jul 22, 2013)
- 23: FWR (Jul 22, 2013)
- 24: Hoovooloo (Jul 23, 2013)
- 25: Ancient Brit (Jul 23, 2013)
- 26: U14993989 (Jul 24, 2013)
- 27: quotes (Jul 25, 2013)
- 28: KB (Jul 25, 2013)
- 29: Beatrice (Jul 25, 2013)
- 30: Ancient Brit (Jul 25, 2013)
- 31: quotes (Jul 25, 2013)
- 32: Ancient Brit (Jul 26, 2013)
- 33: Beatrice (Jul 26, 2013)
- 34: Ancient Brit (Jul 26, 2013)
- 35: Ancient Brit (Jul 26, 2013)
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