IHT selling a house after moving into care
Discussion
Hi,
Mum has moved into a care home.
She has dads portion of IHT allowance, so roughly £650,000 cash and £350000 on house.
I'm now selling the house, Is this a mistake? There is a deed of variation on the house, 50% mum, 50% sister and me.
I'm wondering if house fetched £300k, this is added to cash and takes it over cash allowance, where as at present it's all below.
Help appreciated.
Mum has moved into a care home.
She has dads portion of IHT allowance, so roughly £650,000 cash and £350000 on house.
I'm now selling the house, Is this a mistake? There is a deed of variation on the house, 50% mum, 50% sister and me.
I'm wondering if house fetched £300k, this is added to cash and takes it over cash allowance, where as at present it's all below.
Help appreciated.
I anticipate a solicitor will have done the Deed of Variation and was probably also involved in writing your mum's Will. I strongly recommend getting paid advice from that solicitor on this latest point so that you have potential recourse (i.e. a proper claim) if anything goes wrong.
Sorry about your Mum needing to go into care.
AIUI yes she would lose 50% of the Primary house allowance so in effect the £1m in totality would become £825k when she passes away.
I presume the DOV was done by her after your Dad died ?
As stated above it might be worth speaking to the Solicitor who did the DOV as would have thought mention of potential IHT implications when she then passed away might have been made.
AIUI yes she would lose 50% of the Primary house allowance so in effect the £1m in totality would become £825k when she passes away.
I presume the DOV was done by her after your Dad died ?
As stated above it might be worth speaking to the Solicitor who did the DOV as would have thought mention of potential IHT implications when she then passed away might have been made.
thanks for replies.
to keep things simple, say the house sells for £350k, mum gets £175k, we get £175k between us.
But mum has no house now but can she still get £175 property allowance on death (as she had a house but sold as she's in care home) or does that entitlement go on selling house
to keep things simple, say the house sells for £350k, mum gets £175k, we get £175k between us.
But mum has no house now but can she still get £175 property allowance on death (as she had a house but sold as she's in care home) or does that entitlement go on selling house
Bob-iylho said:
thanks for replies.
to keep things simple, say the house sells for £350k, mum gets £175k, we get £175k between us.
But mum has no house now but can she still get £175 property allowance on death (as she had a house but sold as she's in care home) or does that entitlement go on selling house
I believe when you sort out her estate the answer would be yes especially as the remainder of the house temporarily albeit perhaps ) also staying within the family ie you and your sister and presumably the remainder of her estate is also being left to you both. to keep things simple, say the house sells for £350k, mum gets £175k, we get £175k between us.
But mum has no house now but can she still get £175 property allowance on death (as she had a house but sold as she's in care home) or does that entitlement go on selling house
This is because the residence nil rate band only views direct descendants as being able to qualify.
I have just about completed my Executor duties on my Aunts estate and tried to get the nrb included which is why I know I couldn’t !
My wife and I bought my father-in-law's house for cash before he died. The cash we paid him for the house went into his account.
We had advice at the time from a solicitor that the cash paid for the house in my father-in-laws estate would effectively be the same as him still having the house in relation to the residency ni rate band in his IHT allowance.
We are still completing probate on the estate but the estate has the full £1m IHT allowance including the residency bit for both of my wife's parents as when her mother died everything went to her father.
I'm not sure if that answers the question you were asking though.
We had advice at the time from a solicitor that the cash paid for the house in my father-in-laws estate would effectively be the same as him still having the house in relation to the residency ni rate band in his IHT allowance.
We are still completing probate on the estate but the estate has the full £1m IHT allowance including the residency bit for both of my wife's parents as when her mother died everything went to her father.
I'm not sure if that answers the question you were asking though.
Edited by A993LAD on Wednesday 28th May 23:13
IANAL and this may be a mixed up recollection but I think that there is a 12 months “window” if a property is sold (without buying another primary residence) where the proceeds are eligible for the inheritance tax nil rate band. This can be extended up to three years if the owner is moving into a residential care home, but you may need to register the fact during the first year.
My situation with my own father is very similar and he had to move into a care home 2 years ago.
I considered selling his house but in the end I have rented it out using an agent. It means we have retained the value of the appreciating asset but it's generated revenue that contributes a useful proportion of the care home costs.
I considered selling his house but in the end I have rented it out using an agent. It means we have retained the value of the appreciating asset but it's generated revenue that contributes a useful proportion of the care home costs.
You say there was a dead of variation? This would have been on your father's will, yes? In which case some of his nil rate band may already have been used.
You also mention the house is worth £350k, depending on what other assets your mother has, I doubt you'll need the extra residence nil rate band as the estate won't be more than £650K. (less what has already been used when you and your sister inherited half the house)
You also mention the house is worth £350k, depending on what other assets your mother has, I doubt you'll need the extra residence nil rate band as the estate won't be more than £650K. (less what has already been used when you and your sister inherited half the house)
Edited by megaphone on Friday 30th May 08:41
Edited by megaphone on Friday 30th May 08:52
Gassing Station | Finance | Top of Page | What's New | My Stuff