A care home is being built on my father's land


Questioner

Good afternoon, I have just heard that my brother wants to have a care home built permanently on my father's plot. He is having it requested by an architect as an outbuilding. My father doesn't really know what to do with it. My brother has now, because my father asked me on my advice about the drawing that is being sent to the municipality, also sent it to the other 3 children in my father's family. He doesn't know yet whether he will get a permit, but he has already made good progress. He added that, for the sake of clarity, if he gets a permit, he will have an estate agent appraise my father's home and property, with and without the outbuilding. My brother was also recently authorized, together with another brother, to manage and support my father's finances. My question is what happens if my father dies. Can my brother continue to live in this annex and is the associated land with my father's house automatically his property? I don't know what to do with this, but I'm struggling with the secrecy and what the legal implications are and what to look out for and take into account. Yours sincerely,

Lawyer

In a care home, the parent who is being cared for must live. What is possible is stated in the zoning plan. It is possible that your brother will receive a right of usufruct on (part of) the home. No, then the land and the house are not automatically his property. He may live there as long as he wishes or for life. Why don't you discuss what has been agreed or is not yet clear to you?

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