How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Buachaill Your Own Question
Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
53108719
Type Your Law Question Here...
Buachaill is online now

Funds were recd.with my solicitor 04/08/16,when sale of my

Customer Question

Funds were recd.with my solicitor 04/08/16,when sale of my brothers house was completed.
nearly 3 weeks later the beneficaries have still not recd. proceeds from sale.
They will not release any money,stating they are understaffed & overworked.
Where to now.
Submitted: 11 months ago.
Category: Law
Expert:  Aston Lawyer replied 11 months ago.

Hi, could you please confirm that you/your Solicitor are in England or Wales? If so, could you clarify if your Solicitor has to prepare any Estate Accounts for the Estate or was it a case that the net proceeds of Sale should just have been distributed between the beneficiaries on the day of completion? Are the Solicitors also dealing with the Estate generally and who are the Executors? Kind Regards Al

Customer: replied 11 months ago.
sols are in rep.of ireland.
net proceedsshould have been distributed to benef.on day of competion.
Sols are dealing with the estate.
i am the excutor.
regards
frank
Expert:  Aston Lawyer replied 11 months ago.

Hi Frank, I'm afraid I will need to opt out as I am an English Solicitor. Kind Regards Al

Expert:  Buachaill replied 11 months ago.

1. Dear Frank, as executor you need to act in the interests of the estate and essentially transfer the legal file relating to the estate to a different firm of solicitors. If this firm are overworked and understaffed, then get a different legal firm. There is no point in having the solicitors sitting on the money indefinitely, making excuses. That is just a waste of time. I also regret to say that firms of solicitors who sit on money are acting in their own interests in setting the monies in their client account against other borrowed funds. So, you should move the file to a different firm of solicitors and get a firm that has staff to do the work to finish the estate. If this firm don't immediately release the monies to a new firm, then it is time to call in the Law Society as it suggests that the solicitors have solvency problems and you might not see your money at all. So, move to a different firm.

Expert:  Buachaill replied 11 months ago.

2. Please Rate the answer as unless you Rate the answer your Expert will receive no payment for answering your question.