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Question on Probate and Mortgage

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  • 23-02-2015 12:49am
    #1
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭


    So I inherited my mother's house when she passed away over 3 years ago. There was no cash left so the solicitor agreed to allow me to pay the probate in installments but obviously wouldn't sign the deeds over to me until I paid off the probate in full.

    Now I've been back living here for about a year and decided that I want to sell the house and make a new start. Now there's never been any letter regarding any mortgage repayments from the bank in the 3 years I've been looking after here so I'm gonna presume that it's fully paid off?


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    #2
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    It would have been normal for your mam to have life insurance linked to the mortgage which paid it off in full upon her death. Have you paid the legal fees, if so you would have gotten a folio number which represents the deeds.


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    #3
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    Thanks for the reply

    I still owe about €800 of the legal fees related to the probate, the last time I was in with my solicitor I informed him of my intention to sell the house and if I could add the €800 onto his fees for dealing with the house sale. It's worth mentioning my solicitor has never mentioned anything about an outstanding amount of the mortgage either.

    My fear is that I'd have to pay a massive fee to the bank (especially including interest) but surely as I haven't heard an iota from the bank since her passing I presumed the property was mortgage free.


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    #4
    greengirl31
    Registered Users Posts: 416 ✭✭greengirl31


    Speak to the solicitor ... He should know if there's any outstanding mortgage on the house. Did this sort of thing not come up when initial probate discussions were taking place ?? Also, If there was anything owing tha bank would have tried to contact your late mother either by phone or letter ... Both of which i presume would have come to the house in question. The absance of any letters from a mortgage providor would lead me to believe that there is nothing outstanding,


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    #5
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    My solicitor certainly doesn't seem to be the most helpful of people which I put down to the fact I haven't paid him off fully yet. I sent him an email last week telling him that an estate agent was coming down to value the house and the house would be hopefully put on the market soon and asked him a few questions about signing the deeds over to my name and i still haven't heard a reply from him.

    Anyway I'm going to (dangerously) presume there is no outstanding fee left.


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    #6
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    You really need to speak to the solicitor, make an appointment if necessary. If probate has not been completed, you cannot sell the house.
    what sort of bill was it anyway that it took over 3 years to pay? Was the solicitor Executor of the Estate? You need this tidied up, find out is probate completed, in whose names the deeds are, has all debts been discharged.


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    #7
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    The probate has been completed, i've received emails off him saying that the deeds are ready to be signed over but i have to pay the remaining balance on the fees I owe him.

    The bill was just the solicitors fees for him executing the probate and all getting the documentation ready for the estate to be signed over into my name. I've paid off €3600 and there's still a balance of €800 (this included a late fee because i put him on the back-burner for a little bit).

    Like I said, i told him my intentions of selling the house and whether it would be possible to add the outstanding probate fees onto his fees for selling the house which he agreed to. Just told him to contact him when the property is ready to be put on the market and he would deal with the estate agent regarding the signing over of deeds. I've had to do a little bit of work on the property in order to get it ready to put up on the market which has taken a few months but it's just about ready now. I've emailed him last week and heard no reply.

    Maybe I should phone him.


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    #8
    Glenbhoy
    Registered Users Posts: 1,852 ✭✭✭Glenbhoy


    Plasandrunt wrote: »
    The probate has been completed, i've received emails off him saying that the deeds are ready to be signed over but i have to pay the remaining balance on the fees I owe him.

    The bill was just the solicitors fees for him executing the probate and all getting the documentation ready for the estate to be signed over into my name. I've paid off €3600 and there's still a balance of €800 (this included a late fee because i put him on the back-burner for a little bit).

    Like I said, i told him my intentions of selling the house and whether it would be possible to add the outstanding probate fees onto his fees for selling the house which he agreed to. Just told him to contact him when the property is ready to be put on the market and he would deal with the estate agent regarding the signing over of deeds. I've had to do a little bit of work on the property in order to get it ready to put up on the market which has taken a few months but it's just about ready now. I've emailed him last week and heard no reply.

    Maybe I should phone him.
    You should get a quote from in him in advance for the conveyance, I would think he'll probably send you a letter outlining the fees etc in any case, but still, it's better to get these things ironed out in advance. Conveyance fees can vary wildly in my experience.


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    #9
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    I have a letter from him outlining his fees dated August 2012 which doesn't include the late fee he imposed about 6 months ago.On our last meeting we agreed that the remaining payment of €800 would be added onto his fees regarding the selling of the house.

    I've actually had a private buyer interested in the house so sent him a follow up email just there wondering what would be the procedure if the private buyer wants to buy. If i don't hear from him regarding on this email then I'll give him a phone call.


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    #10
    Mrs OBumble
    Registered Users Posts: 25,669 ✭✭✭✭Mrs OBumble


    Plasandrunt wrote: »
    Like I said, i told him my intentions of selling the house and whether it would be possible to add the outstanding probate fees onto his fees for selling the house which he agreed to. Just told him to contact him when the property is ready to be put on the market and he would deal with the estate agent regarding the signing over of deeds. I've had to do a little bit of work on the property in order to get it ready to put up on the market which has taken a few months but it's just about ready now. I've emailed him last week and heard no reply.

    Maybe I should phone him.

    Did you actually get a quote off him for the conveyancing, or are you just going to pay whatever it takes?

    Frankly if it's reached this stage of the process and you still don't know if there was any money owing on the house, I'd be questioning his competence.

    Is there any way you can pay him off, get the deeds and use someone else for the sale?


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    #11
    MouseTail
    Registered Users Posts: 1,663 ✭✭✭MouseTail


    Mrs OBumble wrote: »

    Frankly if it's reached this stage of the process and you still don't know if there was any money owing on the house, I'd be questioning his competence.

    I don't think that's fair. It sounds like a straight forward probate, where it would be highly unlikely there would be a mortgage outstanding. This process would take a year or so, the solicitor is still waiting on their (reasonable) fee 3 years on. I see nothing to suggest incompetence.


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    #12
    Glenbhoy
    Registered Users Posts: 1,852 ✭✭✭Glenbhoy


    MouseTail wrote: »
    I don't think that's fair. It sounds like a straight forward probate, where it would be highly unlikely there would be a mortgage outstanding. This process would take a year or so, the solicitor is still waiting on their (reasonable) fee 3 years on. I see nothing to suggest incompetence.

    I'd be a little concerned about the application of the 'Late' fee, although we are obviously not party to all of the information in this instance.


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    #13
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    Glenbhoy wrote: »
    I'd be a little concerned about the application of the 'Late' fee, although we are obviously not party to all of the information in this instance.

    I've no concerns about that, i was issued with the bill 2 and a half years ago, i agreed to pay him in installments (€400 a month) but after the first two I didn't pay anything for over a year. I then paid him €3200 hoping to clear the bill fully but he said because I was late there was another €800 added on top so we agreed that the €800 remaining would be added onto his fees when the house was sold. I think that's all the relevant information.

    My query was more to do with any outstanding mortgage fees remaining from my mother, people have cleared it up that it would be unlikely given the lack of contact from the bank over the issue so I'm happy enough. I'll be annoyed if there does turn out to be a remaining fee and my solicitor hasn't told me.

    Still no reply from him regarding the two emails I've sent him though.


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    #14
    greengirl31
    Registered Users Posts: 416 ✭✭greengirl31


    From dealing with solicitors for both probate and convayency issues, i think they operate on their own time scale ... I have never come across one that does anything in a hurry !!


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    #15
    Glenbhoy
    Registered Users Posts: 1,852 ✭✭✭Glenbhoy


    Plasandrunt wrote: »
    I've no concerns about that, i was issued with the bill 2 and a half years ago, i agreed to pay him in installments (€400 a month) but after the first two I didn't pay anything for over a year. I then paid him €3200 hoping to clear the bill fully but he said because I was late there was another €800 added on top so we agreed that the €800 remaining would be added onto his fees when the house was sold. I think that's all the relevant information.

    My query was more to do with any outstanding mortgage fees remaining from my mother, people have cleared it up that it would be unlikely given the lack of contact from the bank over the issue so I'm happy enough. I'll be annoyed if there does turn out to be a remaining fee and my solicitor hasn't told me.

    Still no reply from him regarding the two emails I've sent him though.
    €800 is pretty exorbitant imo, verging on extortionate. But if you feel it's justified....


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    #16
    Plasandrunt
    Registered Users Posts: 858 ✭✭✭Plasandrunt


    got a reply from him, no mortgage on the house. Happy days.

    Thanks for your replies.


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