Who Inherits

[steveyd22]

My unmarried,childless uncle died without a will,my mother being his only sibling.Unfortunately she fell ill and passed away within 2 weeks before probate. Does her estate still inherit or does it pass to nephews and nieces ?

[bhg481]

Her estate will inherit, since she was alive when her brother dies. Estate will then be split according to her will.

[Old_Geezer]

It is my understand that yes, her estate gets the first ownership and then on to the next. I'd await an expert to comment on the 2 weeks though as I think there is a time that must pass and I'm unsure how long that is. Not too long though as my mother inherited most of her brother's estate before she died, soon afterwards.

[Buenchico]

The executors of your mother's will (if she left one) will have to apply for Letters of Administration in respect of your uncle's estate (which still passes to your mother's estate).

If your mother did not leave a will then whoever seeks Letters of Administration in respect of your mother's estate will also have to seek them in respect of your uncle's estate.

[steveyd22]

My uncle lived at the other end of the country and one of my cousins who was local to him obtained probate and letters of administration and has sold his house and divided the money between four cousins,Do I have recourse as probate rules have not been followed? I am the sole excecutor to my mothers estate

[Buenchico]

Pedantic point:
Your cousin didn't obtain 'probate' (as that only applies when there's a will). He obtained a 'grant of representation' (in the form of 'Letters of Administration') to distribute the estate in accordance with the intestacy rules (rather than the probate ones).

As Administrator, he was personally liable for ensuring that your uncle's estate was distributed in accordance with the intestacy rules. They're explained here but, from what you've previously written, it appears that the whole of the estate should have passed to your mother (or, as it turned out, to her estate):
https://www.gov.uk/inherits-someone-dies-without-will

My use of 'personally liable', above, means that if got the distribution of your uncle's estate wrong (whether wilfully or simply through his ignorance of the rules) you, as the executor of your mother's estate, can sue HIM for every penny that should have passed to that estate. (It's irrelevant as to whether he's able to recover the money from those who erroneously benefited. HE got it wrong and HE must put matters right).

Time to consult a solicitor, methinks!

[fadeout73]

Were there any other siblings of your late mother and late uncle? You mentioned a cousin who obtained probate and LOA?

[steveyd22]

Thanks for the answers,need to consult a solicitor and a few awkward phone calls