Let the fun and games begin...

Griizelda

I'd personally stick with the one you've got. You like her, she has good references and her charges are reasonable - all reasons to stay put in my book.

Changing will result in higher costs (the new solicitor would need to go right back to the beginning, so duplicate costs there) and travelling costs for you would be significant.

I can't really see any reason why a solicitor would want to visit the property and think your sister is just trying to muddy the waters to get her own way.

Good luck OP.

Anubis_2

I'm so sorry you are going through this, it will not help your CFS at all, you must be so at the end of your tether with it all!

I have no suggestions unfortunately but it sounds as though your sister and dad are determined to keep a spanner in the works from what you say.

Don't beat yourself up about home truths, sometimes these are necessary for progression of stagnant situations.

One day at a time Ames, one day at a time ( with pacing, of course )

ETA: stick with your current solicitor, swapping will cost you more. Additionally, as you like the one you have, and that was your gut instinct on meeting her, trust your instincts.

bestpud

Looks to me like you are still trying to find an amicable and reasonable solution but with that pair involved, you aren't going to achieve that in a reign of chamber pots!

I would stick with the solicitor (looking for another is just a tactic to stall you and hopefully talk you out of it). If you go together, she will find fault with every solicitor you see and wil be bending your ear throughout.

Beware the reasonable ideas and requests - some people will say what it takes but that doesn't mean they will follow it through with action.

You've given them enough time to be reasonable and she's had all that time to look up information online.

Take a deep breath and let the solicitor deal with it. Email them again and say you have taken the ideas on board but will be sticking with the solicitor and you won't be discussing it any more. Don't apologise or explain yourself - you have no need.

You will feel so much better if you come to the realisation you will not please them so you just need to do what is right for you and the estate.

Good luck!

Yorkie1

I agree with the others. Stick with the solicitor you have chosen. You do not have to placate her or give in.

You are the solicitor's client, and she is not. She is simply trying to ensure she retains some control over you. She probably envisages being able to liaise with the solicitor as well as you doing so, which the solicitor won't countenance.

January20

I've been reading this thread from the beginning and wasn't going to post in it, but I have to, to say that I agree with those who are saying do not change your solicitor.

Reading your post, OP it seems clear to me that your sister is trying to manipulate you in order to control the situation. Also, she probably thinks that if she gets a solicitor of her choice she will be getting her own way regarding the estate.

And if you do change the solicitor or even agree to change, she will see you as being weak and expect you to do what she wants.

ttoli

Yorkie1 wrote: »

I agree with the others. Stick with the solicitor you have chosen. You do not have to placate her or give in.

You are the solicitor's client, and she is not. She is simply trying to ensure she retains some control over you. She probably envisages being able to liaise with the solicitor as well as you doing so, which the solicitor won't countenance.

Couldn't agree more with this advice, I changed Solicitors dealing with My late parents Estate and because I'd lodged a complaint with the law society, several important papers went walkies. I too couldn't face dealing with it, think my fee's were around £4 -5 k, but worth every penny ( and then My co-executor challenged the will !!!).

RAS

Ames wrote: »

She wants us to look for one together, and thinks it should be in Scarborough, where the house is, rather than Leeds where I live. She says it'll cost a fortune if the solicitor has to travel to Scarborough for anything. But I can't see that being neccessary.

WHAT????????

Ames

Our solicitor was in Gloucestershire, the house north of London and myself and the other administrator were in Devon and Yorkshire.

The solicitor never saw the house and never needed to.

Ames

So, it's all kicked off again.

After weeks of not speaking to me sister and dad got in touch and I went over to start sorting through all mum's stuff.

It took a whole 25 minutes after I pulled up outside dad's house before they started on about the solicitor and what a waste of money it is.

I explained that I wanted a solicitor so that it was all being done by someone else and there wouldn't/couldn't be family arguments and fall outs. Dad didn't think it was worth a couple of grand for that, which I guess sums him up perfectly.

Sister says she wants to be added as administrator, and that if I insisit on going with this solicitor she'll go to court to have me removed as administrator on the grounds that I'm not capable. As evidenced by me wanting to get a solicitor to do something that anyone can do.

Sister says she's ok with a solicitor for the house sale and dealing with the mortgage company (they've appointed a solicitor to get money out of us or go for repossession - they've kept writing to sister and mum's house, but even though I kept asking neither sister or dad would send me the letters or details so I could write to them). But not for anything else. But it has to be a solicitor we both agree with, and it has to be one in Scarborough.

Oh, and there's been an estimated gas and electric bill, after checking the meters we owe about £1300. Dad and sister apparantly decided to have the heating coming on every day!! Dad said he set the thermostat so low that it wouldn't, but when I stayed there the other day it was on. (I've turned it off now). This was because of there being no insurance. Which I wanted to get but they vetoed it as an unneccessary cost.

At least dad has accepted that his house isn't going to sell so he can't buy mum's. I can't help thinking that if he'd gone with a better EA who actually showed people round it might have been different, but he just went with the cheapest. So now he's decided to do an equity release thing and quit working, almost as if he's decided that since he can't get what he wants he's going to make sure we don't get any inheritance from him.

So I really don't know what to do now, whether to sign the stuff for the solicitor or not. I also need to check out a clause in the contract, because dad read it differently to me - I thought it said that the fees will come out of the estate dad read it as we have to pay upfront.

I think I preferred it when they weren't talking to me.

Gingernutty

The solicitor can be paid from the estate, after all, it's only once the estate is wrapped up and ready to be distributed that the solicitor's work is done.

If there estate consists solely of property that only needs a title transfer, then yes, the beneficiaries have to pay the solicitor from their own pockets as the estate has no money IYSWIM.

Also, the debt to the solicitor can't be used to calculate any inheritance tax ; ie you can't add the solicitor's estimate to the debts of the estate to reduce the amount of inheritance tax owed.

Your family sound like a complicated nightmare - your instinct that a solicitor is needed sounds spot on and just for the reasons you stated.

Someone who knows the law, someone who can keep a level head and someone who is impartial to any of the parties.

Your Dad sounds like he's money obsessed and may have misread the contract accordingly - check with the solicitor in the morning - he may have a few up front fees to be paid, but it's very unlikely.

Application for probate is a set procedure and any solicitor worth his salt should know what's involved.

Good luck Ames, it sounds like you need it.

Yorkie1

Your sister is talking rubbish.

She can't get you removed as adminstrator because you want a solicitor. It's a perfectly reasonable decision for you to take and it would a) take months, b) take £££, and c) not be granted for her to try it in court.

Stick to your guns and good luck.