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Solicitor holding on to money

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Comments

  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    bobster2 said:
    bombom66 said:
    No final accounts to be settled only solicitor fees which was agreed to be taken out of the £165000 gas electric council tax water all sorted by us a while ago soon as I asked for a reason they hadn’t released the money they said they had been busy ?
    I don't think you've clarified - are the solicitors the executors?
    Or are they simply managing the sale for one of you who is the executor?
    This will make a big difference to the timescales.
    Thanks for your reply if you read the original post they was holding the money saying they was busy etc soon as I asked the reason why they couldn’t release the money I demanded a reason why within hours the money was available so the money was available  to be released 
  • bobster2
    bobster2 Posts: 995 Forumite
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    edited 2 January 2024 at 10:28PM
    bombom66 said:
    bobster2 said:
    bombom66 said:
    No final accounts to be settled only solicitor fees which was agreed to be taken out of the £165000 gas electric council tax water all sorted by us a while ago soon as I asked for a reason they hadn’t released the money they said they had been busy ?
    I don't think you've clarified - are the solicitors the executors?
    Or are they simply managing the sale for one of you who is the executor?
    This will make a big difference to the timescales.
    Thanks for your reply if you read the original post they was holding the money saying they was busy etc soon as I asked the reason why they couldn’t release the money I demanded a reason why within hours the money was available so the money was available  to be released 
    Again - you still haven't clarified - are the solictors acting as executors? This was not clear in the original or subsequent posts. Who is named as the executor on the grant of probate?
  • TBG01
    TBG01 Posts: 499 Forumite
    Fourth Anniversary 100 Posts Name Dropper
    edited 2 January 2024 at 11:13PM
    What does your retainer, and or terms and conditions say when it comes to paying interest? I'm assuming you read them before agreeing to the terms etc, yes?
  • bobster2
    bobster2 Posts: 995 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    TBG01 said:
    What does your retainer, and or terms and conditions say when it comes to paying interest? I'm assuming you read them before agreeing to the terms etc, yes?
    Until the OP clarifies whether the solicitor is acting as an executor - or just doing conveyancing on behalf of an executor who could be a family member - we won't know whether they agreed teams.
    If the solicitor is acting as an executor appointed by the deceased - as beneficiaries they won't have seen / agreed terms. The deceased made the decision to appoint the solictor (in their will).
  • Flugelhorn
    Flugelhorn Posts: 7,362 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    bobster2 said:
    TBG01 said:
    What does your retainer, and or terms and conditions say when it comes to paying interest? I'm assuming you read them before agreeing to the terms etc, yes?
    Until the OP clarifies whether the solicitor is acting as an executor - or just doing conveyancing on behalf of an executor who could be a family member - we won't know whether they agreed teams.
    If the solicitor is acting as an executor appointed by the deceased - as beneficiaries they won't have seen / agreed terms. The deceased made the decision to appoint the solictor (in their will).
    also if the solicitor is exec then they may hang on to the money until the whole estate is settled and there are no more debts to be found etc 
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    bobster2 said:
    TBG01 said:
    What does your retainer, and or terms and conditions say when it comes to paying interest? I'm assuming you read them before agreeing to the terms etc, yes?
    Until the OP clarifies whether the solicitor is acting as an executor - or just doing conveyancing on behalf of an executor who could be a family member - we won't know whether they agreed teams.
    If the solicitor is acting as an executor appointed by the deceased - as beneficiaries they won't have seen / agreed terms. The deceased made the decision to appoint the solictor (in their will).
    Everything was sorted regarding the deceased who died in April the solicitor was acting for the deceased daughter in the house sale only 
  • bobster2
    bobster2 Posts: 995 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    bombom66 said:
    bobster2 said:
    TBG01 said:
    What does your retainer, and or terms and conditions say when it comes to paying interest? I'm assuming you read them before agreeing to the terms etc, yes?
    Until the OP clarifies whether the solicitor is acting as an executor - or just doing conveyancing on behalf of an executor who could be a family member - we won't know whether they agreed teams.
    If the solicitor is acting as an executor appointed by the deceased - as beneficiaries they won't have seen / agreed terms. The deceased made the decision to appoint the solictor (in their will).
    Everything was sorted regarding the deceased who died in April the solicitor was acting for the deceased daughter in the house sale only 
    If the solicitor is not the executor - and was just managing the sale - then they should have been able to pass on all the proceeds of the sale (minus their fees) to the executor within about 24 hours. The only exception might be if the executor asked them to distribute some of the proceeds directly to beneficiaries of the will.
    But who is the executor - you still haven't clarified? Is it the daughter?
  • m0bov
    m0bov Posts: 2,713 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    We need to know who the executor is?? The sols??
  • aliby21
    aliby21 Posts: 327 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    I'm thoroughly confused.  Someone died. They had a house.  They had a daughter who sold the house? or is the daughter also deceased?  
    or is your wife the daughter?  who is the brother whose death certificate she's been asked for? 
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    aliby21 said:
    I'm thoroughly confused.  Someone died. They had a house.  They had a daughter who sold the house? or is the daughter also deceased?  
    or is your wife the daughter?  who is the brother whose death certificate she's been asked for? 
    The daughters mother died . in the will the proceeds was 50/50 to daughter and son but the son died 4 years ago so that’s why they want to see the death certificate of the son  the daughter sold the house through the solicitor who’s with holding the money 
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