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Solicitor holding on to money

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Comments

  • bobster2
    bobster2 Posts: 994 Forumite
    Sixth Anniversary 500 Posts Photogenic Name Dropper
    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.
    Similar experience. When completing a probate sale as an executor I asked our solicitor whether they could hold the funds in their client account for a week or so while I sorted out a new bank account to receive them - and they said no - they wanted it gone from their client account in 1-2 workings days max.
  • Voyager2002
    Voyager2002 Posts: 16,330 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
  • RAS
    RAS Posts: 35,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is a probate case. You are not the client. So they shouldn't even deal with you 

    There is a complication because if the brother/son survived, he would be entitled to half the estate. So the solicitors can release half the money to your wife with no problem but need evidence to release the other half. And to release the other half, they have to finalise the accounts.

    Every time you contact them, they waste time dealing with you that could have been spent sorting out the accounts. You are further delaying the distribution of the estate.

    Leave them alone to do their job.
    If you've have not made a mistake, you've made nothing
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
    I can ask them over the phone for free but I’m got to take it to the SRA Solicitors Regulation Authority(SRA) Accounts Rule 7.1 requires law firms to pay clients a fair rate of interest for any client monies held.
  • BikingBud
    BikingBud Posts: 2,558 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    bombom66 said:
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
    I can ask them over the phone for free but I’m got to take it to the SRA Solicitors Regulation Authority(SRA) Accounts Rule 7.1 requires law firms to pay clients a fair rate of interest for any client monies held.
    What I would offer after reading 7 pages of confusion, is that you if intend to complain you need to be absolutely clear what the issue is.

    Sometimes people come online and provide limited background and discussion as they appear to be overcautious of inadvertently revealing who they are and consider that might impact their issue. This partial reveal leads to respondents offering well intentioned advice based upon partial knowledge, whereas with the full knowledge of the situation they may offer a quite different response.

    You could consider the issue and try to articulate, in a chronological record, the events that have occurred and the differing roles that the solicitors appear to have undertaken. Write it. Read it, leave it overnight and read it again, critically, ask someone else not familiar with the situation to read it and ensure they understand.

    As it is currently presented I remain unsure even now.
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    bombom66 said:
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
    I can ask them over the phone for free but I’m got to take it to the SRA Solicitors Regulation Authority(SRA) Accounts Rule 7.1 requires law firms to pay clients a fair rate of interest for any client monies held.
    Have they said that interest won't be paid ? 
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    Hoenir said:
    bombom66 said:
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
    I can ask them over the phone for free but I’m got to take it to the SRA Solicitors Regulation Authority(SRA) Accounts Rule 7.1 requires law firms to pay clients a fair rate of interest for any client monies held.
    Have they said that interest won't be paid ? 
    We’ve had the final accounting they’ve took there fee then divided it in two which doesn’t mention any interest then paid half
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    BikingBud said:
    bombom66 said:
    bombom66 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 
    Well then, you can make an appointment with the solicitor and ask them to explain everything. 

    Obviously you would have to pay for their time.
    I can ask them over the phone for free but I’m got to take it to the SRA Solicitors Regulation Authority(SRA) Accounts Rule 7.1 requires law firms to pay clients a fair rate of interest for any client monies held.
    What I would offer after reading 7 pages of confusion, is that you if intend to complain you need to be absolutely clear what the issue is.

    Sometimes people come online and provide limited background and discussion as they appear to be overcautious of inadvertently revealing who they are and consider that might impact their issue. This partial reveal leads to respondents offering well intentioned advice based upon partial knowledge, whereas with the full knowledge of the situation they may offer a quite different response.

    You could consider the issue and try to articulate, in a chronological record, the events that have occurred and the differing roles that the solicitors appear to have undertaken. Write it. Read it, leave it overnight and read it again, critically, ask someone else not familiar with the situation to read it and ensure they understand.

    As it is currently presented I remain unsure even now.
    I can’t understand what you can’t see ? Solicitors got the money from the house sale 27th November they have kept hold of it until 27th of December saying they was busy I said tell me why you can’t realise the money now before Christmas tell me the reason why you can’t they couldn’t answer then a few hours later they released half of the money then asked for the death certificate so basically they have to release the money as soon as possible they was trying to drag it into the new year as soon as I complained they realised half which shows they was holding the money for no reason 
  • babyblade41
    babyblade41 Posts: 3,962 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    I think you are either very confused or are missing important information.

    Solicitors generally don't mis use clients monies as their career would be in tatters.

    Who instructed these solicitors,  was it your wife or the deceased executors ,? was it just for the conveyancing process? which if it's the case ,monies will be paid usually within a week at most.

    If,  it is as I understand they are executors then this could take some time to settle everything .

    I remember when I dealt with my late Mum's estate , our solicitors were the executors and a partial payout was given which left enough money to cover all eventualities within the estate.

     A valid will was in place and probate sorted but still took nearly a year before the accounts were finalised in full 


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