by cliffg on Sun Dec 11, 2011 9:17 pm
My father passed away in 2005.A discetionary trust was created and the house was registered in my mothers name. As part of the assetts of the trust a 50% equitable charge was put on the house.
My mother has been suffering dementia for a number of years and now has reluctantly had to go into a care home, she has not a lot of income and we were thinking of renting out the property to help to pay towards the care fees.
I am a trustee of the trust
1] would all the rental belong to her or would the trust have a 50% claim on the rent
2] when her funds run out would the council then have a claim on her house
Thanks for any replies