Who Pays The Bill?

[honey]

Hi Everyone,
I am looking for a piece of advice as regards a solicitors bill. My Mum & Dad have transferred ownership of their home to me and the solicitor has sent his bill of costs, £1,200, to me. Is this correct? I thought as it was my parents instructing him that they would have his bill sent to them. I have no problem paying what is owed but I wondered if he was correct in sending the bill in my name to my own address.

[echat11]

Who instructed the solicitor? They should be the ones who get billed, unless there has been an alternative agreement regards to the 'billing'.

[honey]

My parents are in their eighties and my Dad asked me to arrange an appointment for him at his solicitors which I did via telephone. I brought him to the appointment as he no longer drives and walks with the aid of a stick. My Dad asked me to stay with him in the office and the discussion took place in the reception area of the office as my Dad would not have been able to climb the stairs to the solicitors private office. I knew the purpose of the meeting was for him to arrange transfer of ownership of the property but I have two brothers and until he was asked by the solicitor what he wanted to do with the property I did not know that he was transferring it to me solely. There was no discussion at this meeting as regards the bill nor at a later meeting when I had to bring my Mum for her to sign paperwork.

[echat11]

I think it would be your father, you just facilitated arrangements appointment and transport. The actual work was carried out for your father. Phone the solicitor telling him he has billed the wrong party. Approach your father, just ask 'if he wants you to pay the bill?' go from there.

[DE DOGS]

Me I would be grateful and pay after all you gained a house worth a lot more than the bill.

[echat11]

Me I would be grateful and pay after all you gained a house worth a lot more than the bill.

I'm trying to be 'tactful' and 'diplomatic'.

[DE DOGS]

I'm trying to be 'tactful' and 'diplomatic'.

I agree just me being blunt

[honey]

I don’t have any objections to paying the bill but things took a very nasty turn after this. I told my Dad that he was going to have to tell my brothers what had taken place as I didn’t feel it was my place to tell them. As far as I know he didn’t. About 5/6 weeks after our visit to the solicitors I got a phone call from one of my brothers to meet him at our parents immediately. When I arrived both my brothers were there which was very unusual as neither of them are good at visiting them and immediately when I got out of the car one of them said he had met the solicitor who is also their solicitor (small town) on the street that morning and he had told him that I had brought our Dad to him and that he had transferred his home to me solely. Furthermore I hadn’t paid his bill! Both brothers were furious with me and made out that I had coerced my Dad into doing the transfer. Both of them know that for the past 6 years my life has revolved around both of my parents. My Dad has Parkinsons and my Mum has early stage dementia and very poor mobility and needs a wheelchair to get around and I am their main carer night and day. I remember clearly the solicitor asking my Dad why he wanted to transfer the property to me and he said that I do a lot for them was looking after both of them very well and I deserved it. There is a large shed on the property which one of my brothers erected to replace an older shed and he used this for his business for a short period of time maybe thirty years ago. Both brothers told me that I was going to have to go back to the solicitor and ask that the shed be removed from the transfer as one of them had built it. I was asked again about a week later if I had been back to the solicitors to get it sorted and I said I hadn’t. Since that they have not mentioned it to me and I have done nothing about it.

[honey]

I guess what I am trying to say here is that the solicitor has not acted properly in this process and has not adhered to client confidentiality.

[des8]

So I would be making a formal complaint to the solicitor (and possibly the SRA) about his breach of confidentiality regarding your father's dealings and your non payment of an invoice incorrectly sent to you.

Also consider requesting your mother's and father's doctors note on their records that they have sufficient awareness to know what they were doing, ie they had capacity to transfer the property to you.

Then if you don't want family relationship to deteriorate further perhaps (if you feel it would be right) give your siblings an assurance that on your parents passing you will discuss how to split the estate(including the house) fairly.

I can see this becoming messy and expensive

[echat11]

Also it might be an idea if the shed is removed, then it is put aside, just in case your brother says it wasn't yours to dispose of and wants it back. Thinking out side of the box, it might be an opportunity to bring family together, give them (brothers) 1/3 of the house or something.

[honey]

My Dad made it very clear to me that he does not want the property sold on his passing and I gave my word to him that I would not sell it. It is my intention for my daughter one day to have the use of it but it would remain in my name. Both my brothers have already some years ago had my Dad’s business premises asigned to them and it’s value would be in excess of the value of the house which has been valued at £220,000 including the shed. The shed/workshop is quite substantial and is of a block construction so would be expensive to demolish and remove but if it came to it I would remove it to save any friction.

[Manxman]

Did your dad's solicitor warn both him and you that in certain circumstances your dad's transfer of the house could be viewed as deliberate "deprivation of assets" and that it could still be treated as belonging to him, not you? I'm not saying it would be, but I would have hoped the solicitor talked your dad all through that possibility?

(I ask because a lot of parents transfer their houses to their children in the mistaken belief that the value of the house won't be taken account of when assessing care home fees. It still could be and can get complicated... )

[honey]

Yes this was all discussed with him.