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Legal, pensions and money

So scared and worried about my security

(33 Posts)
Livlass Tue 05-May-20 23:00:00

Hi everyone, Am so nervous and hope this isn’t too long.. Have been married to second husband for three years. Am living in his house. After we married he said that in his new will he,d put the house in trust for his two AC. I would be allowed to stay in the house till either I wish to leave or die. He is 80 and I am 74. Luckily at the moment we are fit and healthy,but I realise that could change in an instant. We have two joint bank accounts, into which we put same amount every month to pay household bills. Problem is he has given his son Power of Attorney in case he has to go into a care home.This son has been into drugs and alcohol and to be quite honest is not stable. I know that if I was living here by myself I would be terrified and hounded to death because they would want the house sold. My question is, If my husband goes into a home and obviously the son has control of his Dads finances, would that entitle him to have access to the joint bank accounts as well ?

Luckygirl Tue 05-May-20 23:04:57

I think you need to contact CAB or a solicitor. It is a complex situation and important that you know where you stand.

Fiachna50 Wed 06-May-20 02:20:19

Why on earth, given his son's troubled history, did your husband make him POA? It leaves you in a very vulnerable position. Im sorry to say that this is the problem with alot of second marriages. I would be taking advice from a solicitor asap. If ( God forbid) anything happens to your husband, you need to know what your positiòn is and tell the solicitor about the POA.

Kiwigramz Wed 06-May-20 02:51:10

I think if I were you I would take out an account in your own name. You could pay your share of items from this. You should do this to safeguard your money.

The Will having been ,made whist your husband has capacity gives you a lifetime interest so you cannot be forced out.

You must ensure your money is safe and do it now. I hope this will give you peace of mind.

Riverwalk Wed 06-May-20 05:47:45

As has been said, open an account in your own name, keep the bulk of your money/income in there, and only pay the amount to cover your share of the costs into the joint account each month.

If your husband dies before you, who knows how his son will behave regarding the house - you might find that you would want to leave rather than face problems, I know I would.

granbabies123 Wed 06-May-20 09:51:29

So who is going to pay his share of bills if he goes into care. Will son take this on . I would talk to someone and get your position clear but not tell him you are checking ,he could change wording of will then you would have a fight on unfortunately. Best wishes

Phloembundle Wed 06-May-20 09:58:02

OMG. See a solicitor now.

Jaye53 Wed 06-May-20 10:03:16

Oh dear you need a solicitor ASAP.

Harris27 Wed 06-May-20 10:04:55

Definitely seek legal advice.

Hawera1 Wed 06-May-20 10:08:18

Definitely need legal advice and agree you must keep some money in your own account. I would have plan b in your head as to where you might like to.live if it all gets nasty and it could. Seek legal advice rapidly.

Davidhs Wed 06-May-20 10:17:17

You certainly need to have some of your own money you can get to if you need to but as you are both retired it won’t mount up very quickly.

Your husband has done what he can to make you secure and hopefully that will work out, if it doesn’t the worst case is social housing of some sort, you will not be destitute, you may even want to move. None of us know what the future will bring, for now build up a nest egg and cross bridges when you get to them.

TrendyNannie6 Wed 06-May-20 10:25:32

Oh poor you, I’d really be worried, What on earth made your husband choose to give his son who you say is not stable POA. You have every right to be concerned, you need to have your own finances, I’d be seeking legal advice as soon as I possibly could, hope you get things sorted

JaneJANE60 Wed 06-May-20 10:33:25

As you are married are you not entitled to half of the house anyway? I don5 know, just posing the question. What you entitlement if you divorced? Would this not be the same in death or care costs needing to be met ?

Grannygrumps1 Wed 06-May-20 10:39:42

Your husband should have given POA to you. Get him to change it immediately. You will automatically be entitled to have of everything he has and he’s entitled to half of everything you have.

Teddy123 Wed 06-May-20 10:40:45

You must together with your husband get legal advice.
Absolutely must!

A close friend had a very similar situation except the house was a few years ago put into joint ownership on the Deeds. The daughters had been left literally a million pounds in the new will.... But no house.

Husband died unexpectedly May last year. Daughters were executors of the will.
The will remains unsettled and one daughter is fighting for everything.

A cautionary tale. The will needs to be watertight. Money is the root of all evil!

I can't see an end to my friends problem despite solicitors being involved.
Greed eh!

Thecatshatontgemat Wed 06-May-20 10:57:11

Never ever have a join account!!
See a solicitor NOW.

Aepgirl Wed 06-May-20 11:02:30

What a conundrum. You MUST consult a solicitor. Does your husband know how you feel, as by the law of averages your husband will die before you? Don’t leave it until it happens.

Annaram1 Wed 06-May-20 11:03:07

So sorry for your situation Livlass. Try to get your husband alter the POA to you. Remind him of the son's poor record. It may be that he has forgotten.

By the way Teddy, money is not the root of all evil. It is THE LOVE Of money that is the root of all evil. So many people forget the first few words. You can do a lot of good with money so it is not evil!

songstress60 Wed 06-May-20 11:21:26

See a solicitor as soon as possible. I think your husband is not thinking of you at all. I went out with someone who had his kids living with him, and he stated that the house was theirs if he passed away!

WOODMOUSE49 Wed 06-May-20 11:25:54

See a solicitor LivLass as others are saying. Both of you together if DH says so.

If house is not in your name or joint names, I'm pretty sure you would find it difficult to stay in house. DH needs to write his request into the will. This what our solicitor advised us to do.

Try to get DH to think about having 2 POAs. (You and son). If you appoint more than one, you must decide whether they'll make decisions separately or together.

Delila Wed 06-May-20 11:34:17

"Some sort of social housing" is not the worse case, Davidhs, privately rented housing is. It might seem a more attractive alternative but it gives no security.

4allweknow Wed 06-May-20 11:38:32

Your husband has made provision for you to continue living in the house on his death. Usually there is also provision that should you move eg downsize and there is money left over from the sale of the original property that money goes to the "willed" benefactors. Is the POA for both finance and welfare, need to check that out. Also, if a wife/partner over 60 years of age resides in a property that property is disregarded when a person goes into a care home. Who will pay the fees, that's another question that legal advice should be taken on. Definitely, without delay separate off your finances in your own name taking a share of any savings you have accrued together.

H1954 Wed 06-May-20 11:38:55

If you partner has granted you "Right to reside" the son cannot make you leave.

4allweknow Wed 06-May-20 11:48:55

Further thinking on this, the reasoning why your DH made the decision to put property in trust to his sons may well be called into question. Could be seen as an attempt to have property included in any care assessment. Very very rare for a trust to be watertight and not challenged. However as I said you have the right to remain or should you wish to move to do so using the value of your current home to buy another. You will also be entitled to keep half of any private pension (not state pension) your husband may have should he need care.

ALANaV Wed 06-May-20 13:27:17

Yes...definitely first thing you must do is contact a solicitor (some, like mine, are still working albeit from home) ...only they will know the law and what rights you have and whether the POA would stand given the son;s history …...my PoA has been given to my Solicitor as I have no contact with any family and most of them have died anyway ….it costs me a lot in retention fees, but it is worth it ! DO IT NOW ...