Sorting estate after 2nd spouse’s death?

[Howmanynamechangesistoomany]

I was suprised to find I am executor of my aunt’s estate, she died last month.

i am not a beneficiary, for reference.

her house sale had just completed, money is still with solicitor. No other assets. Some debts to care home.

all fine, except her husband died about 18m ago. I do not have his will, but my understanding is she was sole beneficiary, and her son was the executor.

their main asset was the house, although they were on good pensions. I am also told several large gifts were made to family before his death, and they lived a frugal lifestyle. They had no joint accounts at all. I have checked aunts accounts quickly and there are no deposits that might be residual estate.

so a couple of questions:

i am presuming I cannot move forward until I have the estate accounts from her husband. There is no paperwork, and all the son has said is there was no money and the estate was east to deal with. He is not talking to me because he believes I have somehow obtained executorship in order to get my hands on the money.

am I able to ask the bank for the husband’s statements? With the house money it is possible the estate may exceed the IHT limit if the gifts made were large.

I have checked and probate hasn’t been granted on his estate, although googling says it may not be required if there was not “a lot” of money and it all goes to a spouse. Is that a problem for me?

I'm not a lawyer.

I don't know why the son is being difficult. Presumably he's the next of kin and in line to inherit if your aunt's sole beneficiary predeceased her.

How ridiculous of the son. He sounds stupid, maybe that's why he wasn't appointed. You can decline however.

I'd not thought about that but if, at first sniff it smells off, you're not getting the money and the person who is is being difficult I'd do exactly that.

You can decline being executor.

Seems funny there if there is no money at all except the house price, not even a small amount. Has son helped himself since father's death?
Was her will made before or after her spouse's death? Why do you think she wanted you to be executor instead of her son?
Personally it sounds like it could all be a lot of stress for you. You can decline and leave it with solicitors, then son will have to apply for letters of administration I think to get his hands on the estate.

I agree, hand it all over to the solicitor, it's just stress, and time for you, with absolutely no benefits. The solicitor will charge the estate, the son won't be able to blame you for anything he isn't happy with, and you will save yourself a lot of worry.

I read on here recently (I am not a lawyer, but I think this does check out) that if you are going to refuse to act as executor you have to do it immediately, not after you've made a start. I'd consult a solicitor, to be honest. If you're not in line to inherit any money, why would you take on all this hassle and possible family upset to save money for your cousin, who does sound a bit silly?