Problem with Solicitor

von

My brother died in January last year and didn’t leave a Will so my Mum is the next of kin. I am Power of Attorney for my Mum so I have been dealing with the Estate. In March last year I appointed a Solicitor to sort out the Estate as my brother was self employed and had a business so there was a lot of work to do on the Estate as no-one really knew much about the business. When I first appointed the Solicitor I asked what would happen if there was no money left in the Estate to pay their fees but was assured that’s just a risk they’ll have to take. To date the Estate has still not been finalised and the Solicitor is not engaging with me. For example, I phoned her several times in March this year and asked to speak to her for an update, I was constantly told she was in a meeting and she’d get back to me but she never did. I then wrote her a letter complaining about her failure to respond to my calls and asking again for an update. She replied on 15th May providing an update. I wrote to her again for an update on 15th July but again she has failed to respond. I phoned her last Tuesday and asked to speak to her but again she was in a meeting and I was advised she’d ring me back but she hasn’t.
I don’t really know where to go from here. I suspect there is no money in the Estate to pay them and that’s why they’re not responding but surely they are legally obliged to do the appropriate work to wind up the Estate?
I’d be glad of your thoughts and apologies for the long post.

Tom99

Find out their formal complaints procedure and start that off. Request a meeting face to face to get the latest update.
Normally since you instructed the solicitor you will be liable for their fees so I am not sure how much you can rely on their glib comment about it being a risk they will have to take.
What did the 15th May update show, is progress being made?

Inadilemma

I’ve been using a solicitor to deal with my late mums estate since November, got probate mid May and that’s about the last time I’ve heard anything from them. I’ve not had one constructive update from them to be honest and have had to chase for an update every single time and any update I do get is minimal at best. I’ve given up now and will just wait until they eventually finish the thing. Every time I do ask I no doubt get charged for the pleasure so just leaving it now.

SeniorSam

Make an appointment to meet with the solicitor. However, was the report on the 15th My not satisfactory, as asking for a further update a couple of months later is a bit much. It will also add to the costs involved. If there is little or no money in the estate, then you could dismiss the solicitor and go elsewhere, but may get the same situation. The report you have received should have given you some idea of the estate position.

Malthusian

Unless you are a personal representative, the solicitor isn't actually obliged to communicate with you.

I agree that it is not unreasonable to ask for another update over three months since the last one, but it depends what was in the last update.

Who is running the business after the loss of your brother? If there is no business anymore without the brother, which is the case for a lot of self-employed people, it may not be complicated. It may not be worth anything, other than cash in the bank and tools of the trade, minus any debts.

If the solicitor's report in May suggested that the estate is effectively worthless (because the solicitors' fees will eat up any money) or insolvent, walking away and forgetting about it should be considered. So I agree with everyone else it would be useful to know more about what that update said.

Brynsam

This is all very vague. Who is the personal representative: you or the solicitor? Have letters of administration actually been applied for? Who is the client letter of engagement with - you? What does it say about fees?