Will selling mum’s home while she is in nursing home complicate matters?

Surely this probate procedure needs to be reviewed and its delays taken into account before Revenue start penalising innocent parties. Or will they take this into account before applying interest?The position you find yourselves in is not unusual. You mother has gone into long-term nursing home care and her home is lying vacant.

It sees her contribute 80 per cent of her annual income towards the cost of care as well as 7.5 per cent of the value of her assets in excess of €36,000. These assets obviously do include the family home: for most people, that will be their main asset. It is subject to special dispensation, with the 7.5 per cent annual charge being limited to just three years.

You mention Revenue getting its slice. To be clear, Revenue does act as collector of debt under Fair Deal but it does so as an agent of the HSE. Your agreement is with the HSE, not Revenue, and it is the health service that “gets its cut” for the money it has advanced your mother against the debt due on her home while she was in nursing home care.

You could clearly also rent the house out, although you would have to weigh the necessary cost of upgrading it to do that successfully against any financial benefit to her after tax. Revised rules brought in last year say that only 40 per cent of rental income after tax is assessed as a contribution to care, down from the 80 per cent rule applying to other income.

They will initially be lodged to her account and, again depending on who controls her finances, they will either stay there until she dies or can be invested on her behalf if you or someone else has the authority to do so. However, you can certainly get the process started. More importantly, although the Probate Office is certainly under pressure, it is not unusual for solicitors to get delayed applications fast-tracked where there is a property sale awaiting closure, as it serves no one, including the Probate Office or the Revenue, to scupper sales that would crystallise assets and allow settlement of any tax debt, etc.

Source: Loan Digest (loandigest.net)

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