How do I know of my solicitor is being truthful ?

Fantomas9mm

Hey Folks.

An elderly relative passed away nearly two years ago, my dad is the next of kin. While it's not a huge estate, we feel that the solicitor is giving us the run around in terms of processing the will.

He maintains the relative was overpaid on his state pension and should not have been getting as much as he did and is currently "sorting that out". This is surprising , as the relative lived in his parents house and had a painfully modest Lifestyle.

We are worried that the solicitor has the money invested himself and is collecting interest , which maybe just be paranoid on our behalf .

Is there anybody I can consult with to make sure the information I am getting from him is correct and accurate ?

I was wondering if there was some official resource I can consult to make sure at least things are being done by the book ?

There is every chance that this is being done by the book and maybe this is just how long it takes . Be good to get piece of mind though.

Thanks

_Brian

I'm sure as next of kin your dad could contact SW directly and see if everything is in order.

In addition I can't imagine where he'd have the money invested at the moment to realise any interest worth the bother.

Fantomas9mm

_Brian wrote: »

I'm sure as next of kin your dad could contact SW directly and see if everything is in order.

In addition I can't imagine where he'd have the money invested at the moment to realise any interest worth the bother.

Thanks Brian , the SW is the solicitor I take it ?

I just don't anything about legal matters and my own dad is getting quite old also, just want to make sure all is being done correctly

cruizer101

SW is social welfare, they paid the pension so they should be able to tell you if there is any problem with what was paid out and if money is owed back to them.

Claw Hammer

Fantomas9mm wrote: »

Hey Folks.

An elderly relative passed away nearly two years ago, my dad is the next of kin. While it's not a huge estate, we feel that the solicitor is giving us the run around in terms of processing the will.

He maintains the relative was overpaid on his state pension and should not have been getting as much as he did and is currently "sorting that out". This is surprising , as the relative lived in his parents house and had a painfully modest Lifestyle.

We are worried that the solicitor has the money invested himself and is collecting interest , which maybe just be paranoid on our behalf .

Is there anybody I can consult with to make sure the information I am getting from him is correct and accurate ?

I was wondering if there was some official resource I can consult to make sure at least things are being done by the book ?

There is every chance that this is being done by the book and maybe this is just how long it takes . Be good to get piece of mind though.

Thanks

Why not just fire the solicitor?

Samuel T. Cogley

Claw Hammer wrote: »

Why not just fire the solicitor?

Because they're simply not sure what's going on and in fairness to the OP not everyone would be comfortable dealing with legal professionals. A new solicitor is going to incur new fees getting up to speed with what's going on. The advice about chasing things up with the Social Welfare themselves is good and would be my suggestion also.

It's important to note (directed at the OP) that solicitors are there to serve the client, but they also have a number of duties, such as making sure taxes are properly paid from the estate etc. It may seem they're not acting in your best interests simply because they not! They're doing something they're obligated to do.

Mod deletionDon't be afraid to be following up on things either!

eggerb

I agree with the sound advice above - call the Dept of Social Protection / Social Welfare (071) 915 7100 (press 2 on the female voice, and 2 again on the male voice). They will be helpful. I have seen them deduct overpaid pension directly from the deceased account. However, the account is probably frozen by now. They will advise the over-payment amount if there is one.

Has probate issued? Are there many assets / debts / beneficiaries to deal with? If probate has issued, settling debts and collecting liquid Irish assets shouldn't take more than 3 months.

Has the solicitor issued your dad with a letter outlining fees? This is required under Section 68 of the Solicitors (Amendment) Act 1994. If he definitely hasn't issued one, ask him for one. It may prompt him 'to take the file out'.

NUTLEY BOY

_Brian wrote: »

I'm sure as next of kin your dad could contact SW directly and see if everything is in order.

In addition I can't imagine where he'd have the money invested at the moment to realise any interest worth the bother.

Hopefully not in a personal venture or on a horse and I am absolutely not joking.

NUTLEY BOY

My inclination would be to write to the solicitor and apply gradually increasing heat.

I would express firmly but politely my concern at the time that it is taking to process matters. I would request a brief summary of what has been done and what remains to be done to complete the matter.

I would diary forward for about four weeks to follow up if there is no reply.
If no reply is received issue one reminder and diary again four weeks ahead.
If no reply my trigger finger would then start to get itchy and I would request an appointment to see the solicitor face to face to know exactly what is going on. Hopefully, by that time you will have established with Social Welfare the truth or otherwise of what you have been told about that aspect of matters.

eggerb

Has the solicitor actually collected the assets? (Assuming the Grant of Probate has issued). You could contact the financial institutions to ascertain this. If he hasn't, your dad could get a copy of the Grant of Probate from the Probate Office and collect the assets himself. From what you have outlined, there doesn't seem to be huge debts owing. Did he make an income tax return every October as a chargeable person or was he PAYE? If the latter, it's unlikely, there is any taxing owing. There could well be a refund. Revenue may issue a balancing statement now if P45s have been issued by any private pensions he had. If he made an income tax return, get onto his accountant and see what returns are outstanding. Ask the solicitor in writing exactly what is outstanding and delaying things. As he comes up with things, do your homework and cover them off yourself until there is nothing outstanding.

Delphinium

Your relative's assets may have been underestimated for means testing for non contributory pension and solicitor is correct. Social welfare may disclose facts to next of kin. But solicitor should also make next of kin aware of progress made and detail his concerns. Many people have a little nest egg, maybe funds for a funeral, which doesn't come to light until wills are being processed and it causes concern as well as the need to repay any overpayment from assets before anyone else benefits.

Fred Swanson

This post has been deleted.

Miaireland

The first thing I would do is ask that the Solicitor emails you copies of all documents/emails/ phone call transcripts from the Social Welfare regarding the over payment.