Solicitor holding on to money

bombom66

bobster2 said:

TBG01 said:

The daughter didn't sell the house though. She didn't have the capacity to do so.

Unless shortly after obtaining probate the executor (solicitor) completed a TR1 and transferred ownership to the daughter before she marketed it (knowing she was the only beneficiary. But in this case - surely they would have asked for brother's death certificate back then - not now.

That’s what we are saying they’ve never mentioned the death certificate before as they new he had died and my wife had power of attorney to sort her mums affairs out 

aliby21

That’s what we are saying they’ve never mentioned the death certificate before as they new he had died and my wife had power of attorney to sort her mums affairs out 

Power of attorney is only relevant to a living person's affairs. Once mother died power of attorney ceased

bombom66

RAS said:

Did the son/brother have any descendants?

Secondly, did the "estate of mum" sell the house, via the solicitor? Or did they transfer the house to the daughter, who then sold it?

If the estate sold the house, then it will take some time for the solicitor to ensure there are no further debts and do the estate accounts. That may include sorting out taxes or rebates with HMRC.  Solicitors are notoriously slow in finalising estates.

If the house was transferred to the daughter/sister, she was at liberty to choose a different solicitor. And she needs to take advice on CGT, which is self-reporting. 

RAS said:

Did the son/brother have any descendants?

Secondly, did the "estate of mum" sell the house, via the solicitor? Or did they transfer the house to the daughter, who then sold it?

If the estate sold the house, then it will take some time for the solicitor to ensure there are no further debts and do the estate accounts. That may include sorting out taxes or rebates with HMRC.  Solicitors are notoriously slow in finalising estates.

If the house was transferred to the daughter/sister, she was at liberty to choose a different solicitor. And she needs to take advice on CGT, which is self-reporting. 

Your not understanding in the will it states if one dies before the other the one surviving gets 100% of the house it was written into the will it doesn’t matter if the brother had any descendants? Because he died 4 years ago forget that it doesn’t matter the original post was the solicitor got the money from the sale on 27th November they came up with excuses not to release it ie they had been busy as soon as I asked for a reasonable excuse why they wouldn’t release the money within hours they changed there mind and said they would release half the money that’s when they then asked for the death certificate 27th December 

bombom66

aliby21 said:

That’s what we are saying they’ve never mentioned the death certificate before as they new he had died and my wife had power of attorney to sort her mums affairs out 

Power of attorney is only relevant to a living person's affairs. Once mother died power of attorney ceased

We’re going round in circles here the house was the daughter’s to sell if it wasn’t how did she sell it haha the post is about getting the money and everyone mentions other things that’s nothing to do with the original post 

aliby21

To try and keep things as simple as possible: whose name was on the deeds of the house when it was put up for sale?

bombom66

aliby21 said:

To try and keep things as simple as possible: whose name was on the deeds of the house when it was put up for sale?

The will had been sorted by about august/sept  we paid the solicitor for that separately the solicitor then said September right it’s your house (daughter) you can do what you want with it she sold it simple

Hoenir

bombom66 said:

aliby21 said:

To try and keep things as simple as possible: whose name was on the deeds of the house when it was put up for sale?

The will had been sorted by about august/sept  we paid the solicitor for that separately the solicitor then said September right it’s your house (daughter) you can do what you want with it she sold it simple

If it's your daughter's house why the need for your wife to sign a form. 

bombom66

Hoenir said:

bombom66 said:

aliby21 said:

To try and keep things as simple as possible: whose name was on the deeds of the house when it was put up for sale?

The will had been sorted by about august/sept  we paid the solicitor for that separately the solicitor then said September right it’s your house (daughter) you can do what you want with it she sold it simple

If it's your daughter's house why the need for your wife to sign a form. 

For her bank details read the post my wife is the daughter for where the money was going does it matter?

bobster2

bombom66 said:

Your not understanding in the will it states if one dies before the other the one surviving gets 100% of the house it was written into the will it doesn’t matter if the brother had any descendants? Because he died 4 years ago forget that it doesn’t matter the original post was the solicitor got the money from the sale on 27th November they came up with excuses not to release it ie they had been busy as soon as I asked for a reasonable excuse why they wouldn’t release the money within hours they changed there mind and said they would release half the money that’s when they then asked for the death certificate 27th December 

Yes - you're correct - with a will like this it's irrelevant whether the brother had any descendants.

The key to understanding all this is did the will state - a) the surviving child gets 100% of the named property? Or b) 100% of the residual estate. With one beneficiary it amounts to essentially the same thing. But it alters the process.

Under a) the executor has to transfer ownership of the house (complete TR1) to daughter who then sells it (hiring a solicitor who happened to the executor)..

Under b) the executor could sell the house as the executor and distribute the proceeds to the daughter.

bombom66

bobster2 said:

bombom66 said:

Your not understanding in the will it states if one dies before the other the one surviving gets 100% of the house it was written into the will it doesn’t matter if the brother had any descendants? Because he died 4 years ago forget that it doesn’t matter the original post was the solicitor got the money from the sale on 27th November they came up with excuses not to release it ie they had been busy as soon as I asked for a reasonable excuse why they wouldn’t release the money within hours they changed there mind and said they would release half the money that’s when they then asked for the death certificate 27th December 

Yes - you're correct - with a will like this it's irrelevant whether the brother had any descendants.

The key to understanding all this is did the will state - a) the surviving child gets 100% of the named property? Or b) 100% of the residual estate. With one beneficiary it amounts to essentially the same thing. But it alters the process.

Under a) the executor has to transfer ownership of the house (complete TR1) to daughter who then sells it (hiring a solicitor who happened to the executor)..

Under b) the executor could sell the house as the executor and distribute the proceeds to the daughter.

The house was the daughters to sell forget everything else how long does it take to get the money from a house sale was the original question they was hanging on to it because soon as I challenged them they realised half of it within hours