He wrote up a contract to repay me within 2 weeks of the loan, expecting a big compensation check that never came in time. He was in desperate need to buy a truck, tools, etc. No will, no savings account, no credit card. He has a sister and fiance that say he owed them money too. He has a 17 year old child, they say he gets the truck that I bought and I get none of his possessions. What do I do? New York State, USA.
2007-07-10 09:02:47 · 20 answers · asked by maimatt7 3 in Business & Finance ➔ Credit
You get a lawyer.
Creditors have to be paid from the estate before anyone inherits anything
2007-07-10 09:06:03 · answer #1 · answered by Weatherman 7 · 3⤊ 0⤋
You should talk with a lawyer and find out what your chances are. You can file against the estate and try to get the vehicle that way but not sure about tools and such, especially if he owed other creditors who may have put in for payment, too (like credit card companies). First, go to Probate Court in the county where he lived and see if there is a will on file since that is where the family would have had to file. Get a copy of the will if there is one. You can also ask them how to go about filing against the estate and let them advise you what steps to take. Keep all original paperwork but let the lawyer make copies of what you have and see what they can work out to either get the $8,000 back or make the family at least give you the truck. Good luck
2016-05-18 21:57:41 · answer #2 · answered by ? 3 · 0⤊ 0⤋
You have to sue his Estate to get that money back that is---if he had money or life insurance. Since you are in NY---take this case to the people's court feedback@peoplescourt.com
Who knows you might win the case. Someone collected on a loan from their dead father. You see Person X gave a loan to Person Y. Person X died. So Person X's family Family A decided to sue Person Y. Person Y said that because Person X is dead that he doesn't have to repay the loan. Family A won the lawsuit because they a promissory note (basically the loan contract) that Person Y signed.
2007-07-10 12:28:55 · answer #3 · answered by christiansareawesome 4 · 0⤊ 1⤋
If someone dies, their executor is responsible for paying their debts from the assets that they possess. In your case, since you have a contract, you do have recourse to the courts. The only problem is that for what you would likely receive and the hastle it is going to cost you, you might better write it off. I am no lawyer, but I think your first step is to see one.
2007-07-10 09:12:06 · answer #4 · answered by Anonymous · 1⤊ 0⤋
Contact the probate court and ask that you be given the paperwork to file a claim against the estate if it is filed.
Not much else; can't sue a dead man. Sorry
2007-07-10 09:06:48 · answer #5 · answered by wizjp 7 · 0⤊ 0⤋
You may have to sue his estate, and without a will the State will be handling his estate and will appoint an executor.
Get in touch with a lawyer to find out how to proceed.
Sorry for your loss!
2007-07-10 09:07:06 · answer #6 · answered by unknown friend 7 · 1⤊ 0⤋
You can file a suit against the estate, if you have a written contract. Do it soon before they divide his assets.
2007-07-10 10:08:34 · answer #7 · answered by Expert8675309 7 · 0⤊ 0⤋
Yuck... thats a tuff one. You may want to talk to a lawyer. I would think that someone will take over his estate and will have to pay his debts. You will probably have to prove it in court though. I would talk to his parents if you can, or his closest family member that would take over his estate.
2007-07-10 09:07:00 · answer #8 · answered by Bubba 2 · 0⤊ 0⤋
I would think you could sue his estate, but more likely you're out the amount of the loan. Talk to an attorney.
2007-07-10 09:35:21 · answer #9 · answered by Anonymous · 0⤊ 1⤋
File your claim and supporting paperwork with the executor of his estate and with the county court.
2007-07-10 09:11:15 · answer #10 · answered by credo quia est absurdum 7 · 0⤊ 0⤋