I wonder if anyone can advise me. My brother is in his fifties, divorced, debt-ridden and declaring my Mum's address as his official home address. His (apparently unsuccessful) limited company is also registered there.

He lives with a lady friend most days of the week but spends on average a day or two at Mum's each week and takes her shopping etc.

Previously he has said that he had an IVA with his creditors but it doesn't appear on the Insolvency Register. He has now told Mum he is (or is going) bankrupt.

Mum is very protective of him (quote 'he must have somewhere to live') and whilst it is irritating I accept that if she wants to spend all her money on supporting him etc then that is her chioce. She is over 80 and getting somewhat confused. To be honest I am not sure if he is as debt ridden as he says he is. 

My concern is whether he has built any legal rights to what I consider Mum's assets - i.e. her (fully paid for) home or anything in it.

If she decides to give it all to him then that is one thing - but if the Official Reciever takes it because he is bankrupt then that is quite another?

Can anyone advise me or point me to a good place for further advice?

Thanks   

I honestly don’t know what the situation would be from a legal point of view, but strongly advise that you get in touch with a solicitor and social services as soon as possible regarding this. 

 

It does need addressing immediately.

 

You are asking whether he has built any legal debts into your Mum's estate.

Even though he lives there, runs a business from there (?), he's not considered to be linked financially unless they have any joint assets.  This means, have he and Mum got any form of joint accounts, joint debts, joint commitments? Has she actually signed something e.g. as a guarantor for a loan, a remortgage, a debt of any kind? If she hasn't then - as far as I know - he would just be regarded as a lodger and her house and assets needn't be affected.

I don't think Social Services have got anything to do with this, a solicitor certainly would have, but where you might get more answers is here: www.fool.co.uk   There's a discussion board there headed 'Dealing with Debt' and there are some extremely knowledgeable people who post on there.  One at least works for CAB, another is an insolvency practitioner, and either or both of them would be able to give you more information and possible help.

I can see Mum's point of view when she says 'He must have somewhere to live' - few of us would want to see a son or daughter living in the street.  That's a different cup of tea entirely, though, from allowing him into your financial affairs, signing guarantees, taking out loans etc, and he may see Mum as a 'soft touch' and smarming his way round her.

HTH

Hi again,

 

Just to clarify; the reason I mention Social Services involvement is because they can address this under the Safeguarding Adults Scheme, particularly as Mother is protective of her son and his financial difficulties, is elderly and becoming increasingly confused.

 

She is very vulnerable at the moment and I do think Social Services should be made aware.