Solicitor holding on to money

Flugelhorn

elsien said:

I’m surprised people have hung on this long to be honest, given that the OP wants a straight answer without sharing the relevant information or understanding why the questions are being asked. 

OP just wants the money and is no perhaps realising that the whole thing is more complex than he realised and in having the solictors as execs has cost them ££££ more than they expected 

bombom66

Flugelhorn said:

elsien said:

I’m surprised people have hung on this long to be honest, given that the OP wants a straight answer without sharing the relevant information or understanding why the questions are being asked. 

OP just wants the money and is no perhaps realising that the whole thing is more complex than he realised and in having the solictors as execs has cost them ££££ more than they expected 

I can’t believe you can’t understand the post ?the solicitor was holding the money for 1 month soon as I asked why  they couldn’t give a answer and released half the money within hours  then asked for the death certificate doesn’t that prove they was holding the money ? forget everything else there is no extra charges from the solicitor they deduct there small charge from the money anyway 

bombom66

TBG01 said:

You're bombom66 said:

TBG01 said:

bombom66 said:

bobster2 said:

bombom66 said:

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 

Sorry but this just doesn't add up. Their actions (e.g. asking for brother's death certificate following the sale but before releasing 50% of the proceeds) are consistent with them selling as the executor.

If they had transferred the property ownership to the daughter a while ago - they would have asked for brother's death certificate back then.

Also the fact that you initially referred to concerns about settling bills (gas, electricity and council tax) would be consistent with them finalising an estate as executors.

If someone is selling a house that they already own - their conveyancing solictor will have no interest in those bills.

So I suspect the situation is (b)

I give in ? like I said the house was the daughter’s to sell because the will had been settled prior to the sale I’m sure the buyers solicitors would have checked who owned the house before they sent the money to our solicitors and no they didn’t ask for a death certificate until 27th December fact I’m not making it up 

The property being left to the daughter in the will doesn't automatically mean it gets transferred to the daughter. A transfer or an Asssnt would have to take place, registered with the Land Registry. 

If that hasn't taken place, and the daughter should be well aware if it has, then no, she didn't have capacity to sell.

Question for you then . 1 how did she sell it then 2 why did the buyers solicitor send money to our solicitors then to the daughter 3 read the original post bye bye

1.) She didn't. The Executors did. Ie not her. Question for you. Why are you struggling to understand stand this? 

2.) Because the Executors sold the property, and she's a beneficiary. The buyers solicitor doesn't care about the Will and is not responsible for distributing the funds.

I've read your original post several times and 6 pages later still can't make heads or tails of things.

No wonder the Solicitor is also struggling.

It’s still going on because you have over complicated things I’ll shorten the original question. How long does it take to get the money from a house sale I believe the solicitor was holding the money because as soon as I asked for a reason why they couldn’t release the money now they released half of it within hours . FORGET everything else 

Flugelhorn

OK so I sold a house under probate - the sale went through at about 10.00am and I had the money in my account at 2.30pm. 

However I was the executor and all the solicitor ever did was the conveyancing - she had copies of the probate and a death cert from me  a month before, to prove that I had the right to sell the property  and that was that.

Not interested who the money was going to as that was only my business as executor.

ciderboy2009

bombom66 said:

...

It’s still going on because you have over complicated things I’ll shorten the original question. How long does it take to get the money from a house sale I believe the solicitor was holding the money because as soon as I asked for a reason why they couldn’t release the money now they released half of it within hours . FORGET everything else 

Ok then - to answer the shortened question  It can take anywhere between a couple of hours and a number of years depending on other factors.

Voyager2002

bombom66 said:

TBG01 said:

You're bombom66 said:

TBG01 said:

bombom66 said:

bobster2 said:

bombom66 said:

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 

Sorry but this just doesn't add up. Their actions (e.g. asking for brother's death certificate following the sale but before releasing 50% of the proceeds) are consistent with them selling as the executor.

If they had transferred the property ownership to the daughter a while ago - they would have asked for brother's death certificate back then.

Also the fact that you initially referred to concerns about settling bills (gas, electricity and council tax) would be consistent with them finalising an estate as executors.

If someone is selling a house that they already own - their conveyancing solictor will have no interest in those bills.

So I suspect the situation is (b)

I give in ? like I said the house was the daughter’s to sell because the will had been settled prior to the sale I’m sure the buyers solicitors would have checked who owned the house before they sent the money to our solicitors and no they didn’t ask for a death certificate until 27th December fact I’m not making it up 

The property being left to the daughter in the will doesn't automatically mean it gets transferred to the daughter. A transfer or an Asssnt would have to take place, registered with the Land Registry. 

If that hasn't taken place, and the daughter should be well aware if it has, then no, she didn't have capacity to sell.

Question for you then . 1 how did she sell it then 2 why did the buyers solicitor send money to our solicitors then to the daughter 3 read the original post bye bye

1.) She didn't. The Executors did. Ie not her. Question for you. Why are you struggling to understand stand this? 

2.) Because the Executors sold the property, and she's a beneficiary. The buyers solicitor doesn't care about the Will and is not responsible for distributing the funds.

I've read your original post several times and 6 pages later still can't make heads or tails of things.

No wonder the Solicitor is also struggling.

It’s still going on because you have over complicated things I’ll shorten the original question. How long does it take to get the money from a house sale I believe the solicitor was holding the money because as soon as I asked for a reason why they couldn’t release the money now they released half of it within hours . FORGET everything else 

Unfortunately the solicitor needs to follow the law and will not release the money without ensuring it goes to the correct people. If you don't like this then you are free to make a complaint to the Solicitors' Regulatory Authority (SRA). Come to that, you are free to contact your MP to ask for the law to be changed to suit you better.

Of course, the solicitor is still working on your case and will not release the money until they have taken their fee. Given the amount of work that is involved you will be lucky if there is anything left over to pass on to you. 

RAS

This isn't even the OP's case.

His wife is inheriting the estate so the solicitor's shouldn't even entertain him. 

bombom66

Voyager2002 said:

bombom66 said:

TBG01 said:

You're bombom66 said:

TBG01 said:

bombom66 said:

bobster2 said:

bombom66 said:

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 

Sorry but this just doesn't add up. Their actions (e.g. asking for brother's death certificate following the sale but before releasing 50% of the proceeds) are consistent with them selling as the executor.

If they had transferred the property ownership to the daughter a while ago - they would have asked for brother's death certificate back then.

Also the fact that you initially referred to concerns about settling bills (gas, electricity and council tax) would be consistent with them finalising an estate as executors.

If someone is selling a house that they already own - their conveyancing solictor will have no interest in those bills.

So I suspect the situation is (b)

I give in ? like I said the house was the daughter’s to sell because the will had been settled prior to the sale I’m sure the buyers solicitors would have checked who owned the house before they sent the money to our solicitors and no they didn’t ask for a death certificate until 27th December fact I’m not making it up 

The property being left to the daughter in the will doesn't automatically mean it gets transferred to the daughter. A transfer or an Asssnt would have to take place, registered with the Land Registry. 

If that hasn't taken place, and the daughter should be well aware if it has, then no, she didn't have capacity to sell.

Question for you then . 1 how did she sell it then 2 why did the buyers solicitor send money to our solicitors then to the daughter 3 read the original post bye bye

1.) She didn't. The Executors did. Ie not her. Question for you. Why are you struggling to understand stand this? 

2.) Because the Executors sold the property, and she's a beneficiary. The buyers solicitor doesn't care about the Will and is not responsible for distributing the funds.

I've read your original post several times and 6 pages later still can't make heads or tails of things.

No wonder the Solicitor is also struggling.

It’s still going on because you have over complicated things I’ll shorten the original question. How long does it take to get the money from a house sale I believe the solicitor was holding the money because as soon as I asked for a reason why they couldn’t release the money now they released half of it within hours . FORGET everything else 

Unfortunately the solicitor needs to follow the law and will not release the money without ensuring it goes to the correct people. If you don't like this then you are free to make a complaint to the Solicitors' Regulatory Authority (SRA). Come to that, you are free to contact your MP to ask for the law to be changed to suit you better.

Of course, the solicitor is still working on your case and will not release the money until they have taken their fee. Given the amount of work that is involved you will be lucky if there is anything left over to pass on to you. 

What are you on about the solicitors fees for selling the house was about £1200 only which they deducted from the £165000 that’s it nothing more I give in 

bobster2

bombom66 said:

What are you on about the solicitors fees for selling the house was about £1200 only which they deducted from the £165000 that’s it nothing more I give in 

Fees for acting as executors / administering probate. Not simply the conveyancing.

Everything you have said about the situation indicates that this is a probate sale by the estate. Not a sale by the daughter. Why this is the case has been explained by numerous people.

Obtaining probate is not the end of the process. Executors often don't wrap everything up for a year or so after probate has been obtained.

bombom66

ciderboy2009 said:

bombom66 said:

...

It’s still going on because you have over complicated things I’ll shorten the original question. How long does it take to get the money from a house sale I believe the solicitor was holding the money because as soon as I asked for a reason why they couldn’t release the money now they released half of it within hours . FORGET everything else 

Ok then - to answer the shortened question  It can take anywhere between a couple of hours and a number of years depending on other factors.

They got the money 27th November we ran 6th December asked where’s the money they said was still working on it it got to 21st December we asked again where’s the money we’ve been busy was the answer so I said give me a reason you can not release the money now within hours they realised half of it I believe they was stalling into the new year £165000 can earn some interest in a couple of months it’s funny how they managed to release it when I asked why they couldn’t that proves to me they was holding on as long as they could