CGT - house to be left to me and nephews, also, house in limbo..

Keep_pedalling

I am confused, you say your mother obtained probate then say she died while dealing with the estate. Which is it?

Marcon

Keep_pedalling said:

I am confused, you say your mother obtained probate then say she died while dealing with the estate. Which is it?

It's not a case of 'which is it'. OP's mother obtained probate and then died while dealing with the administration of the estate - so someone else  needs to complete the process. 

Have a look at https://www.gov.uk/hmrc-internal-manuals/inheritance-tax-manual/ihtm05102 and that'll explain what and why in more detail.

OP, the cost doesn't sound unreasonable, but there is nothing to stop you getting quotes from other solicitors.

Keep_pedalling

WillowLeaf said:

Am I right in saying Mum died without a will? In which case the nephews don't get a share in the house do they?

No, that is not correct. 

RAS

If intestate, mum's estate is split equally between her children. If a child has died, their issue could inherit their portion. 

poppystar

My understanding is that the grant de bonus is needed when the chain has completely ended ie no remaining named executor. OPs mother had a Will, OP is executor, so has the power through that to complete father’s estate. It would be needed if mother had died intestate as well as there would be no chain. 

Flugelhorn

poppystar said:

My understanding is that the grant de bonus is needed when the chain has completely ended ie no remaining named executor. OPs mother had a Will, OP is executor, so has the power through that to complete father’s estate. It would be needed if mother had died intestate as well as there would be no chain. 

worth reading the thread - mother died without a will 

snickpan said:

thanks everyone!
House was in dad's name (that's how mortgages worked in the 60s!), mum got probate in July.  Dad had a will, everything to go to mum.  Mum died without a will - or not one that I've found so far!
Loving all the tips and contradictions, bungalow is probably worth £375k, the nephews are early 20s, one daft with money, one not so much 
I shall read the replies again, see what the votes are, for and against probate!

Mrs_Z

Surely it is possible to obtain a copy of the probate granted to your mum (for your dads estate) -I think it’d be the same place where you can obtain a copy of will, they are public documents. Gov website suggests the cost is £16. (Assuming you are in England)

Flugelhorn

Mrs_Z said:

Surely it is possible to obtain a copy of the probate granted to your mum (for your dads estate) -I think it’d be the same place where you can obtain a copy of will, they are public documents. Gov website suggests the cost is £16. (Assuming you are in England)

how would that help?