Disclaim Inheritance
- Thread starter Realtime
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If she is availing of fair deal they may still take into account an asset (or a potential) inheritance, she gave away. I am not sure at all, not being a lawyer, but it is something she should look into before she takes the decision.
She should get some independent legal advice before she decides anything,
She should get some independent legal advice before she decides anything,
Thats not possible; applicants are asked for details of actual assets at the time of application, not potential assets.
They are trying to hide the assets so that the state/tax payer picks up more of the cost of the nursing home care than the inheriter.
If its done 5 years before entering the fair deal scheme that's the only way it wouldn't be assessed it'd seem to me. Unless the will is amended she has inherited the asset otherwise there's nothing to disclaim, and the question wouldn't arise.
The fair deal office at this stage would have seen every version of this. I know in our case, they queried land owned by another person of same name 10 miles from applicant.
www2.hse.ie
The fair deal office at this stage would have seen every version of this. I know in our case, they queried land owned by another person of same name 10 miles from applicant.
Financial assessment: How much you pay towards care
Find out how how the Fair Deal financial assessment works and how we calculate your payments towards nursing home care.
www2.hse.ie
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time to plan
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Fair Deal looks at Transferred Assets not Hidden Assets.
Transferred assets
The assessment will look at assets that you have transferred (for example any land, money or property you have given to another person) since applying for State support or in the 5 years before the application.
Fair Deal Scheme
People who move into registered nursing homes may receive financial support from the HSE under the Nursing Homes Support Scheme, also known as the Fair Deal scheme.
Disclaiming an inheritance doesn't sound to me like transferring an asset. But worth checking with a lawyer, I would say.
Exactly. It isn't.
I think that is why she needs to consult a solicitor, disclaiming an inheritance and how that will be been treated for the purpose of the fair deal scheme is a valid question. It was raised in the Dail last year. But the answer was a non-answer. The circumstances may not even arise for the OP.
She was asking if her sister could disclaim in favour of herself, which she cannot - she can disclaim but the benefit goes to the residual estate and the will would dictate what would happen then.
She was asking if her sister could disclaim in favour of herself, which she cannot - she can disclaim but the benefit goes to the residual estate and the will would dictate what would happen then.