Useless solicitor making things worse

W

WicklowMan

Registered User
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132
Hi all,

In a nutshell my solicitor isn't communicating but I can't afford to dump him. This involves an inheritance (house) to which I am 50% party ... my sister being the other beneficiary. I am living in the house, and she wants to sell.

Most worryingly, about a month ago my solicitor wrote to me saying that my sister had been on to him about a letter she sent (through her solicitor) 2 months prior to that. He never told me about that letter, and it going unanswered isn't helping the already bad relationship I have with my sister.

I asked my solicitor shortly after this to send me a copy of every letter he'd sent to her. I have my way of functioning, and laying it all out in front of myself is one way of 'working through' in terms of thought process. This was nearly a month ago, and he's still sent nothing.

I would dump this guy in a heartbeat if I felt I could, but that would involve a payoff from me at this point and I can't afford it. I think he's completely useless though, and suspect that he's happy to let this situation engineer itself worse.

I've also noticed that his letters to me seem somewhat sympathetic to himself ... I mean he tells me nothing and then writes about how not replying to a letter (which he told me nothing about in the first damn place!) could make the situation bad!!!

Any ideas / advice much appreciated.
 
Solicitors are like hot house flowers, pay them attention (and money, occasionally) and they'll respond.
Telling them that you've no money for this that and the other is not what a solicitor needs to hear.
Right now it sounds like he's supporting you and getting no money - you get what you pay for.

ONQ.
 
You need to get rid of this guy. In a dispute such as you have, you need someone you trust working hard for you.

Talk to another solicitor and set out the problem. There are fees owing to the other solicitor. Maybe the new solicitor could give an undertaking to discharge the fees owing from the sales proceeds of the property.

When you get the new solicitor, consider making a complaint to the Law Society.

Brendan
 
What will a new solicitor do? If you look at old posts by the OP you will see the extent of the problems.

http://www.askaboutmoney.com/showthread.php?t=142678


"Maybe the new solicitor could give an undertaking to discharge the fees owing from the sales proceeds of the property."

I don't think that's a runner.


The big problem here is with the problem and the parties, not with the solicitor.

mf
 
Marrying someone who would buy out the sister's half the property based on half the market valuation she'd accept hasn't cropped up in the OP's deliberations I suppose?

ONQ.
 
Can I just clarify what the solicitor is doing? And who engaged the solicitor? And who will be paying the solicitor?
 
Complainer said:
Can I just clarify what the solicitor is doing? And who engaged the solicitor? And who will be paying the solicitor?
Click to expand...

The solicitor is allegedly dealing on my behalf in relation to my late father's property (he left no will it would seem) He knew from day 1 what was going on, and agreed to represent me on the basis that he would get paid well down the road.

onq said:
Solicitors are like hot house flowers, pay them attention (and money, occasionally) and they'll respond.
Telling them that you've no money for this that and the other is not what a solicitor needs to hear.
Right now it sounds like he's supporting you and getting no money - you get what you pay for.

ONQ.
Click to expand...

Normally I'd agree with that statement, but as above, he made an agreement based on the realities of the situation. Nothing was hidden.

Brendan Burgess said:
Talk to another solicitor and set out the problem. There are fees owing to the other solicitor. Maybe the new solicitor could give an undertaking to discharge the fees owing from the sales proceeds of the property.

Brendan
Click to expand...

Thanks Brendan, I'll be checking out my options in that regard pronto.

mf1 said:
The big problem here is with the problem and the parties, not with the solicitor.

mf
Click to expand...

Well yes there's a problem, namely that my sister consistently refuses to deal with me. She in turn is being manipulated by a 3rd. party who has nothing to do with the inheritance / issue. That's another story in itself, but the here and now problem is that this guy seems to be content to let things coast and hasn't been communicating properly with me for about 9 months. I don't think that's a 'problem with the parties' in fairness.
 
You don't have money to buy your sister out and she is pressing for a sale.

You have to face the facts, the problem is with the parties.

ONQ.
 
onq said:
You don't have money to buy your sister out and she is pressing for a sale.

You have to face the facts, the problem is with the parties.

ONQ.
Click to expand...

Eh, not really.

I've faced the facts as you put it. The problem is that 1001 factors that need to be thrashed out to sell the place can't be because there's no communication.

Incidentally the solicitor has agreed payment with a rake of people on the strength of the estate, while others are telling me left and right that half of them don't need to be paid. In one case one of the 'creditors' told me this themselves!
 
While you may not like to hear this, its really quite simple. You father owned a house. You and your sister inherit his estate. Your sister is legally entitled to her half of the estate. If you cannot afford to buy her half at the current market rate, then the house will be sold and the proceeds split between the two of you.

This appears to be dragging on a bit based on fact that you had a thread on this in 2010. Routine uncomplicated inheritance such as this (i.e. its a simple 50:50 split between two siblings) are usually completed in c.12 months. You need to be careful about this as if you are the cause of unreasonable delays in sorting out the estate, your sister may have a compensation claim against you. There is also a danger that this will end up in litigation e.g. your sister forcing a sale, and the lawyers will end up getting a large chunk of the proceeds.

Its unfortunate that you have an emotional attachment to the house, but there is not a lot that can be done about this unless you have the funds to buy your sisters share.
 
csirl said:
While you may not like to hear this, its really quite simple. You father owned a house. You and your sister inherit his estate. Your sister is legally entitled to her half of the estate. If you cannot afford to buy her half at the current market rate, then the house will be sold and the proceeds split between the two of you.

This appears to be dragging on a bit based on fact that you had a thread on this in 2010. Routine uncomplicated inheritance such as this (i.e. its a simple 50:50 split between two siblings) are usually completed in c.12 months. You need to be careful about this as if you are the cause of unreasonable delays in sorting out the estate, your sister may have a compensation claim against you. There is also a danger that this will end up in litigation e.g. your sister forcing a sale, and the lawyers will end up getting a large chunk of the proceeds.

Its unfortunate that you have an emotional attachment to the house, but there is not a lot that can be done about this unless you have the funds to buy your sisters share.
Click to expand...

No, I've no issue hearing what you have to say at all. I now have a negligible emotional attachment to the house. One doesn't turn around after a couple of months and decide "Ah sure, let's get shut of the place" ... well I guess it depends on the quality of the relationship with the deceased really. At this point it's something of a non - issue with me.

An offer was made already on the house, by a friend of mine and his partner. This would have suited as the house is in bad repair and would not have to go to market. My sister didn't respond for 3 months, then turned it down. The offer was reasonable.

She still thinks it's worth what it was in 2005 (I won't discuss figures as I know it's banned on AAM), so yes, what you say about a forced sale could indeed transpire. I'm all for putting it on the market. The problem is that, if this drags out another 6 months while she refuses all realistic offers, it's likely to be sold for us. That will represent a huge financial loss no doubt.

So far from me we've had: I'll sell my own house and do a deal ... no answer. We'll rent it until the market improves ... no answer. Called into a local estate agent who do all property in the area for advice and passed loads of literature re: prices ... no answer (she then comes back with a 'valuation' of 1/3 more than market) She put in a rival application for administration and thus I suggested an independent party agreeable to us both be appointed ... no answer.

I've also asked the solicitor for a statement of what I owe him 3 times over the past 7 - 8 months. Still don't have it. I've been feeling for a very long time that this guy is like a cat looking at a goldfish in a bowl tbh.

The current scenario is very simple. I'm putting it on the market. I don't, however, think it's unreasonable (given the potential financial loss to me for the aforementioned reasons) to ask what the 'plan b' is when it doesn't sell for an exhorbitant price which she won't go below. This could indeed get sticky at that point. As previously alluded to, this situation is being driven from the back seat by a 3rd. party. This would be her partner. Think Islam and no respect for women.

As I see it the quicker it's out of both our hands, in a way, the better.

Trusting that this clarifies,

Regards,

WM.
 
Since you don't own the house, you are not losing money. You will get less in inheritance than you thought, but you didn't have the money in the first place.

How is the job situation looking for you? I'm thinking it may be better for your own peace of mind to settle up the house, and get on with your own career?
 
terrysgirl33 said:
Since you don't own the house, you are not losing money. You will get less in inheritance than you thought, but you didn't have the money in the first place.

How is the job situation looking for you? I'm thinking it may be better for your own peace of mind to settle up the house, and get on with your own career?
Click to expand...

Well that's a fair point tbh, I never looked at it that way but it reads reasonably. We're certainly going to get a whole lot less by not co-operating, but I guess that's down to a life experience as they say. Pity, but such is the situation.

Thanks for asking re: job, found my niche at last. Still haven't managed a job, but instead decided to go the route of training. Despite all the slagging off of FAS, fair dues, they paid for me to start a course in 3D Animation which is beginning this week. I'll probably end up renting a bedsit and sharing cheese with a mouse by candle light, or with a bunny on O'Connell bridge (must remember bunny - sized lifejacket! :p )

No, I'm being a bit dramatical lol. Other than the solicitor / house thing, all is actually very good, thanks :)
 
Thanks for clarifying those other issues and I hear what you're saying about the sister and the influence of others.

The matter is "STILL" the parties though, specifically your sister wishing to sell the house possibly at the behest of her husband and you not wishing to sell for several reasons.

Personally I think you would be very foolish to sell at this time, at the bottom of a market.
You'd be better off getting into a holding action, giving the house a lick of paint and renting for a year or two.
Without wishing to talk about house values per se, there were significant signs of life in the Dublin market this year.

This would involve making a case to your sister that you should give things time to cool down, back away from the legals and wait for the market to stabilize, to at least ensure there will be a few interested parties looking at the house.
Three houses in our estate are simply not selling, despite price reductions from 2005 levels, so simply putting it on the market at 2005 prices will do nothing.

But perhaps that is exactly what should happen to settle your sister's persistence and bring her to her senses on all of this.
At the least it will forestall any further legal involvement from her in trying to force you to sell.

I would extract a concession that any sale price has to be be agreement so she cannot sell it for a silly amount without your permission.
I have some experience of people of the Muslim persuasion and while most of them have the patience of Job, others can be very impatient and mercurial and could advise your sister to sell for a silly price simply to get money in the door.

I'd get a second opinion on your solicitor's behaviour and advice to date BTW, especially re the list of people he seems to be setting up for payments.

===================

All your other situations seem to be moving in the right direction.
Selling the property for a reasonable sum will allow you to set up a trust fund to finance your studies and let you concentrate on you life.
If media and 3D is your talent, as opposed to a fad you want to talk about with your friends in the pub, you could do worse than talk to the guys in the Media Cube:

http://www.mediacube.ie/

ONQ.
 
Who is the official administrator of the estate - you or your sister?

If I were the administrator in such circumstances, I'd be inclined to hire an estate agent, get the property sold and distribute the proceeds. If the administrator acts reasonably and within the law, then the benefactors have no cause for complaint or legal action.

As both you and your sister arent agreeing on this house now, it is extremely unlikely that you will get on as 'business partners' in a buy-to-let situation, so I wouldnt advise it.

If your sister is the joint administrator with you, then a reasonable suggestion would be to agree on an estate agent and jointly instruct the estate agent to get the highest price and agree that you both will accept the highest bid after X number of weeks/months on the market. In the interests of getting it done, you could ask her to e.g. suggest 3 a short list of 3 local EAs, and you'll pick one of them.
 
Thanks QNQ :)

Yes, I think the long and short of it is, the house has to go to market. The way things are going it's probably my best protection, as it's better to be in control of the situation than someone else doing it for me under a worse situation. I reckon I'll be here in 3 years with a for sale sign still up. Without putting too fine a point on it, my sister isn't allowed to talk to me. I've not had an address or telephone number for her since 1993! It's insane.

Thanks for your help & to all,

W.M.

PS: Loving the 3dsMax (program) ... I heard there was money in Java so went programming, discovered it was a mistake, and really found my feet with this. As someone who is into Graphics / Video Editing / Flash, it's like all three mixed wi' knobs on! Happy days!
 
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