Both parents died. Complicated situation and I am the executor for one will.

[Shinyballs]

I hope I can get a little bit of advice.

My stepmum died a few months ago. She died intestate. My dad was too grief-stricken to deal with her small estate any further than register her death. He has now also died suddenly and I am in the process of grieving and organising his funeral.
He has a will and I am the executor of his small and straightforward estate which doesn't require probate. Now I have been made aware that he would have inherited her estate as well so I don't know if I am also responsible for my stepmum's affairs now.

She owned a flat in her name only but also seemed to have accrued a lot of debt in her name as well. They had no joint accounts or ownership of any kind but I know I am likely to end up out of pocket if I have to deal with her estate as they lived a long way away and I will have to take unpaid days off work to deal with it as well as pay for hotel stays.

I was planning on doing the probate myself but now I am not so sure. Matters are also complicated in that my stepfamily are very difficult and are already hassling me asking about details of my dad's will and the return of my stepmum's property. I believe they have also entered the flat prior to my agreement and have removed items. I stupidly agreed to give them some valuables as well which I think now probably make up part of my Dad's estate.

What seemed a fairly simple straightforward situation now seems terribly complicated. There is very little money in the either estate to be honest and the flat is dilapidated as they barely lived there in the last few years.

I just don't know how to deal with situation! I am planning on legal advice but I need to know exactly what to ask the solicitor as I can barely afford the fees.
Thank you

Hello. Sorry to hear about your bereavements.
The solicitor will pay their fees out of the proceeds of the estate. I'd see if you can get one recommended, and then go to have N initial chat with them. They should be able to give you an estimate of their fee and what they think they will need to do.
Good luck.

Sorry for your losses op

I think you need some legal advice before doing anything. I've been executor twice and it's hard work. Most do a free hour then you can decide whether you can deal with it or need some help.
If they lived away and it's going to be difficult it might be worth getting some professional help in.

I remember years ago my mums friend died (she lived 300 miles away) and had nominated my mum to be an executor and it was a nightmare with a difficult step family situation and debt so she passed the whole lot to a solicitor as at the time she was working full time and we were teenagers too and I remember her saying she just didn't have time to do everything. The family weren't very happy as it "ate into the estate"
But my mum was a teacher and couldn't just take randome time off! It just wasn't practical

Have you looked at gov.uk/applying for probate

There's a contact centre 0300 303 0648 you can call with specific queries.

Does stepmom have any children?

@Shinyballs you need to be careful if Step Mum’s estate could be insolvent.

It is worth getting some legal advice.

Why is that please? I am planning on getting some legal advice.

I'm in a similar situation, not involved in first estate but half of it was left to DH, who then died. I am his sole executor and beneficiary.

I've seen a solicitor who advised that because he obtained probate on the first estate with power reserved, I have the right to take over as executor of the first estate. I've applied for probate although it wasn't necessary, but she recommended it because it gave me a bit more clout when dealing with the first estate (horrible situation with police involved)

Tbh in your situation I'd appoint a solicitor to deal with it because of the step family's behaviour and tell them costs will be deducted from anything you decide to give them. The solicitor will also be able to handle their behaviour diplomatically, maybe reassuring them that you intend to be fair.

I think you will have to deal with you stepmother's estate, liquidate the assets and use that pay off her debts. If anything is left over than that forms part of your father's estate.

PS executor's can claim reasonable costs, so you shouldn't be out of pocket

My knowledge is limited. My understanding is if the estate is insolvent the executor/administrator can choose not to administer the estate. However, they must not have inter meddled in the estate. If they do chose to administer the estate they need to very careful how any funds are distributed to debtors.

You say some “items” which may or may not have been removed. If they are valuables they may need to be sold to pay creditors.

I just wanted to make sure you got legal advice before you do anything that could be seen as administering the estate.

Thank you for your help.

I think the advice to see a solicitor is good. Were your dad and stepmum married? This makes a difference. If they were, my understanding (I am not a lawyer) is that your dad would probably have got everything under the intestacy rules. (Assuming the flat isn't worth a lot and a lot of the sale value will be eaten up by paying off debts and paying the solicitor.) Your stepmother's family may have jumped the gun if they think they are in line to inherit anything at all. If we're talking about her children, that would only apply if her estate was quite high in value, and if we're talking about other relatives they will get nothing.

If they weren't married the picture is totally different.

They were married yes.