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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
    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 


    Everything as been settled we’ve had the final accounts invoice everything I agree money should be paid within a week that’s what my post was about it took a month and we only got half because we asked for it 
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    bombom66 said:
    RAS said:
    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.
    Haha you haven’t a clue what a wind up merchant haha
    RAS is a well respected member of the Forum and being rude to someone who is telling you the truth, is not going to help you get answers.

    Many of us here have wound up late parents/relatives estate but WE have been the Executor (the key point), which usually makes the process easier. 

    Your late MiL entrusted her estate to her solicitors (after 7 pages I'm beginning to understand why) and they have to wind up the estate, completely, before all the money is released.  Your late brother-in-law may have had debts etc that are still pending and they need to be paid and proof that his estate was officially wound up, before your wife gets the full payout.

    All the i's dotted and the t's crossed before the accounts are finalised, otherwise the Solicitor can be sued if someone appears out the woodwork wanting a piece of your BiL's estate.  If your MiL had renewed her Will after her son died, you wouldn't be in this situation.  Thankfully, my Mum did and I was spared this.

    I hope it won't be too long before everything is finalised.
    O my god what as the late brother in law got to do with anything what are you not understanding we’ve had the finished accounts  everything as been done by the solicitor just the payment to receive ?
  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    Have you contacted the solicitors this week to ascertain what the delay is ? 
  • RAS
    RAS Posts: 35,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bombom66 said:
    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 
    You STILL haven't confirmed if the solicitor's are the executors appointed by the deceased.

    Although everything you've said points that way. 
    If you've have not made a mistake, you've made nothing
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    Hoenir said:
    Have you contacted the solicitors this week to ascertain what the delay is ? 
    We’ve had half the money only because we demanded it the other half we will get when they see the brother in law’s death certificate so basically we show them the death certificate they give us the other half 
  • RAS
    RAS Posts: 35,752 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    bombom66 said:
    Hoenir said:
    Have you contacted the solicitors this week to ascertain what the delay is ? 
    We’ve had half the money only because we demanded it the other half we will get when they see the brother in law’s death certificate so basically we show them the death certificate they give us the other half 
    Precisely what you've been told pages ago.

    If they are the executors, they are legally obliged to have evidence of BIL's death before they release the rest of the money.

    This is your wife's inheritance. Leave the executors 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
    RAS said:
    bombom66 said:
    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 
    You STILL haven't confirmed if the solicitor's are the executors appointed by the deceased.

    Although everything you've said points that way. 
    I give in honesty what can’t you see they wasn’t going to give us the money they was dragging it into the new year we demanded a reason why they couldn’t give a reason then released the money within hours that proves they was holding the money for no reason all the accounts have been completed we have them 
  • bombom66
    bombom66 Posts: 162 Forumite
    Third Anniversary 100 Posts Name Dropper
    edited 4 January 2024 at 5:16PM
    RAS said:
    bombom66 said:
    Hoenir said:
    Have you contacted the solicitors this week to ascertain what the delay is ? 
    We’ve had half the money only because we demanded it the other half we will get when they see the brother in law’s death certificate so basically we show them the death certificate they give us the other half 
    Precisely what you've been told pages ago.

    If they are the executors, they are legally obliged to have evidence of BIL's death before they release the rest of the money.

    This is your wife's inheritance. Leave the executors to do their job.
    I know that  for gods sake I’m on about the money being held for a month without us calling them we would have got nothing only then did they ask for bil death certificate il ask you another question why didn’t they release half the money when everything had been completed they knew the bil died 4 years ago ?
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