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Well i have bee with this perth law furm for 3yrs.I am a co…

Well i have bee...

Well i have bee with this perth law furm for 3yrs.I am a co execut for my fathers estate.Too date i have given the law furm $40000

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I akso have given them $10900 for a brief from a barristor

Lawyer's Assistant: Has anything been filed or reported?

2 weeks ago my lawyer left the firm abd im feeling like im about too go ib very expebsive email journey

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Well im nit sure uf i employ another lawyer abd gi too suprene court for advise or sticj with curr law firm

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Answered in 2 hours by:
3/12/2018
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I am reviewing your question and will reply again in a moment.

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Good morning

You should not have to employ another Solicitor as the firm should just give it to another Solicitor and they should continue with the file.

You have a right to have a cost agreement so you know what it will cost and the estate should reimburse you for the fees you have paid.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

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Customer reply replied 4 months ago
Here is the overview of my situation : In April 2015 i employed Flsd lawyers perth , because My sister
and co executor was refusing too return said items , she and her boyfriend had removed from two of the estate properties ,without my consent , or without informing me , or writing up an inventory of said removed items or valuation.On numerous occasions i was shuned when requesting listed items , and ignored when demanding we inventory the estate items , and get independant valuation , as per stated on Public trustee website , comm bank deceased est etc.
Too cut a long story short , too date i have given into my trust account with FLSD a estim $40000.
The progress with my sisters lawyers , and resolving assett distributioin , has been only the distribution of moneys via estate cheqes written , all the material items are still in estate.
Basicaly a whole lot of emails , and It not my lawyer asking the hard questions , FLSD amd my lawyer made me stipulate down too the bullet point , what i wanted my lawyer too do in emails, as i had too ask questions, usually paraphrasing , and so the email ping pong match strted.
Sometimes 10 too 20 emails before final draft written too be emailed too my sister.
Ridicoulous ,am i the lawyer or they.
On top of that we employed a barrastor too write up a brief , in case we ended up asking supreme court for advise.Ny lawyer charged me , on behalf of barrister $10000 , then rewrote the draft another $4000 then posted it too my sister.
My sisters lawyer accepted the proposal, so we released funds, then too have them go silent , and now my lawyer has left firm ,Momemtum has stopped , and i feel the email ping pong match will start again.

Good Morning

As Executors they can remove the assets but they must account to the beneficiaries.

Why have you been paying are you also an executor?

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Customer reply replied 4 months ago
i stated that in first line.
We are both executors and benefireries , and I discovered she removed half the contents of one home , a lot of of items from the second , only when i went too inspect , and write up a current inventory.
I even got a one of legal session with a lawyer , on what too do as far as estate assetts go, and texted my sister , under legal advise , it would be in both our interests not too remove any items from the deceased properties until a full inventory , both written and photo can be taken , and a indepen valuation.
This was ignored by my sister.
As for lawyer contract , im being charged $420 per hour , and too date thats $40000 into trust account , out of my own moneys ,.
I am going too request an itemised account of ALL CHARGES up until my Lawyer leaving , then i intend too go through the charges and highlight "ANY ACTIONS " my lawyer executed , that Both executors benefited from , and add it up and charge MY Sister Half of this figure.
Not from The Estate account , as i had too pay this up front into my Trust account , so My sister can personally reinburse me for these charges.
On estate expenses , my sister has the state chqe book , i req cheque , she signs , and its sent too my lawyer.
Too give u a idea Material este items that needed too be :
Inventoried
Valued
Distributed
SoldThey included :
Contents of One unit
Contents of one Villa
1 Bank vault with 9 rolex watches " THE MOst Expensive " A 1945 Roles Magnachronograph "
Estimated valuation as of 2018 from $90000 Up too $220000 , and the valuer had a potential buyer.
1 Bank Vault with $800,000 collectors notes and assorted jewelery
1000 Comm Bank shares
A gun Collection consisting of 12 varied Guns , THE Most expensive " A Purdy Shotgun "
Purchased from " Christies London " at last valuation a estimated $120 too $150000.THE SALE of One unit apartment In Daglish , perth WA.
This in now in joint names , and after I offered too buy " MY Sisters Share " for $ 170000 , on two occasions, she refused my offer , only too come back and cry broke , so i offered too release $50000 each from estate , she then offered too buy my share of unit for $170000 , so i agreed .
My lawyer sent a signed cheque for $50000 , and we spent 2 weeks of terms of sale emails , and what funds where too be released from estate for the unit sale.
1 WEEK AFTER MY SISTER CASHED THE $50000 Cheque ,
MY LAWYER RECIEVED a Email stated my sister had withdrew her offer , too buy my shae of the unit for $170000.
This is what im dealing with , A email hungry Law firm , A sister who will Travel constantly , until funds run out , then cry poor.
Meanwhile im paying for all the bills from the apartment , dealing with the bank vaults,
Getting my lawyer too get watches officially valued.
And my sister Only replies when I INSTRUCT MY LAWYER too present a issue or question.
The Only time WE have heard from her , by her own steam , was when she Demanded we release funds from estate , or she was going too ask court for advise, but MY sister has failed too accomplish , or tick off any of the assetts listed.THE ONLY COURSE OF ACTION I THINK I SHOULD IMMEDIATELLY TAKE IS :
Request A full itemised account from the law firm , in regards ***** ***** previous lawyer
Write A detailed email too the law Firm FLSD , and the partners stipulating :
I want a More agressive and assertive approach too my case file
And if the Other party Refuses too co operate or delays matters
We are too Apply too the Supreme court for advise , with Full disclosure.
What you Think ! Also is their a Overseeing Body , who clients of law firms can approach , or lodge a formal complaint ?

Good Morning

They are responsible for the items and you have a right to demand they be returned.

If they refuse and They are not acting in the best interests of the estate you have a right to take the matter to court and request that they be removed as executors.

The solicitor acting for the estate should notify the other executors that their actions are against the estate and they should return the items immediately.

Your contributions will be reimbursed out of the estate and not from your sister.

I would be suggesting that you get an independent solicitor and have an application filed urgently with the Supreme Court to be appointed as the sole executor of the estate and the other executor removed.

I would also be seeking orders that she return everything that she has taken including the money.

the firm may also be liable for negligence in failing in their duty to ensure the executors understand their role.

If you wish to have a phone call to discuss this in more detail please elect a call or I can send you a request.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. You rating my work 5 stars allows me to continue to provide a service to those who require it.

I am happy for you to ask further questions on anything you wish more detail on.

Let me know if I have answered your question today.

Regards

Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,719
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified
Leon and 87 other Australia Law Specialists are ready to help you
Ask your own question now
Customer reply replied 4 months ago
Thanks Leon , Too date My Lawyer did ask for the immediate return of goods, but in a passive manner. It was not until We had the Brief drawn up by a barristor that he started qouting , please reply too this email within 7 working days , or under executors act 1969 an application for advise will be lodged with the supreme court.I believe , as my Lawyer was not a partner , that He was Given Hourly quotas too meet each week. At first i only heard from my Lawyer like clock work every friday afternoon, even if i emailed him on a monday or tuesday. It was like he was just clocking up hours for the week , before he ended the week.
Now A Partner has Taken on my File.
The First thing they stipulated in the first communique was the same rates apply etc.
Not I'm reviewing your case file and Re stratergising a better attack plan.
I spent Feb 27 too march 2nd emailing my lawyer , swapping edited drafts , and it was not until Friday 2nd at 4pm i recieved email from one of the partners stating MY Lawyer had Left the Firm , effective on this Day of the 2nd March.No Reason , No Leadup, and i was then told One of the partners is representing me.
I emailed " The Partner " Taking on my File on Thursday *th March ,asking is he going too revue the draft and finalize a draft , he said he wood go over that weeks emails, formulate a reply and get back too me.
I'm Still Waiting.
This is ridiculous , i have enough emails that i have accumilated over the 3 years with my lawyer that it is the thickness of at least 2 REAMS of A4 Paper.
Question : Who Are Lawyers Held Accountable Bye ?
And in any Lawyer agreement or Contract , somewhere in Amongst all those sub clauses , are the sub clauses of :
The Rights And Responsabilities Of the lawyer.
If these subguiding clauses are Breached , Too Whom does One complain too , and too whom will review the issue, and who will inforce The proper legal penalty.
Please don't Say , The Client, because that would mean firstly , " THE Client " would need a Basic understanding of " LAW " too be able too Recognise Un lawful behavior .
Then you would have too have some evidence , on their Books, or Documented on some record that The lawyer could be Logged on , but could not edit.
The client would then need access too these Log books, and most likely locked out, because you need too be on THE Legal Bar.
How does " ONE place their Trust , and Moneys , Openly in the hands of a Law firm , who as u fill the trust fund , They unscrew the Tap, not being held accountable , or Consulting you , as it flows dry , and then asking for Top ups , and you are no closer too ESTATE resolve than 1 year AGO.Too Date :
My Father died 23 Dec 2012 , thats 5years 2 months , 9 days.
Too Date :
Probate was Granted June 2013 , thats 4 years , 8 months , 9 days

Good Afternoon,

If you believe that the lawyers have been negligent in delaying their actions, and not following your instructions you may have a claim against them.

I would suggest considering referring them to the legal services commission, or reporting them to the Law Society for the delay.

I would also put them on notice that due to the delay, you will hold them responsible if any of the assets taken by the other executor are disposed of or damaged.

If your father passed away in December 2012 and private was granted within the appropriate 6 months there is no reason why the estate could not have been distributed. Clearly there may have been issues with the law firm in the delay and I would consider taking the matter to the legal services commissioner.

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