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<blockquote data-quote="Annb" data-source="post: 2486226" data-attributes="member: 25851"><p>Just back from town and an appointment with a solicitor. I am looking for a way to protect the roofs over the heads of my family should I have to go into a care home at some stage. The thing is, I own both houses. One is a croft and house, the other is a feu and house. In my will I have left the croft and house to Neil and the feu and house to Alistair. But if I should have to go into a care home, both the properties would be forfeit and that rather destroys the idea of protecting my boys. So, I thought, if I transfer the ownership to both boys now, and hope for 7 years to pass before I need any care from the local authority, that should protect them. I didn't think it really mattered about the croft because the regulations surrounding crofts are different and they can't be used as collateral in financial transactions.</p><p></p><p>The local authority is welcome to all my combined pensions, which possibly wouldn't cover all the costs but a fair amount, but I hoped to retain the houses for the family. However, the solicitor tells me that local authorities make their own rules and this local authority can and does pursue claims for as far back as they want - there is no 7 year rule. They also can, and do, claim even croft land with or without houses. He has known this local authority claim property which was transferred 20 years before. Even selling the property at a favourable value to a family member can be overturned.</p><p></p><p>It appears that the only way I can keep a roof over the heads of my sons is to do the decent thing, like DIL's grandmother, and pop my clogs before, or shortly after being taken to a care home. Or just not get so frail that, between them, the family can't take care of me.</p><p></p><p>Feeling a bit on the frail side today after another bad night and using non-existant energy to get to the solicitor's office. Still, it was a valuable and informative meeting and I did, at the same time, start the process of giving my Power of Attorney to the boys. So, something good has come of it.</p></blockquote><p></p>
[QUOTE="Annb, post: 2486226, member: 25851"] Just back from town and an appointment with a solicitor. I am looking for a way to protect the roofs over the heads of my family should I have to go into a care home at some stage. The thing is, I own both houses. One is a croft and house, the other is a feu and house. In my will I have left the croft and house to Neil and the feu and house to Alistair. But if I should have to go into a care home, both the properties would be forfeit and that rather destroys the idea of protecting my boys. So, I thought, if I transfer the ownership to both boys now, and hope for 7 years to pass before I need any care from the local authority, that should protect them. I didn't think it really mattered about the croft because the regulations surrounding crofts are different and they can't be used as collateral in financial transactions. The local authority is welcome to all my combined pensions, which possibly wouldn't cover all the costs but a fair amount, but I hoped to retain the houses for the family. However, the solicitor tells me that local authorities make their own rules and this local authority can and does pursue claims for as far back as they want - there is no 7 year rule. They also can, and do, claim even croft land with or without houses. He has known this local authority claim property which was transferred 20 years before. Even selling the property at a favourable value to a family member can be overturned. It appears that the only way I can keep a roof over the heads of my sons is to do the decent thing, like DIL's grandmother, and pop my clogs before, or shortly after being taken to a care home. Or just not get so frail that, between them, the family can't take care of me. Feeling a bit on the frail side today after another bad night and using non-existant energy to get to the solicitor's office. Still, it was a valuable and informative meeting and I did, at the same time, start the process of giving my Power of Attorney to the boys. So, something good has come of it. [/QUOTE]
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