Can I get money that was loaned to my son from probate if he refuses to repay me?

Answer 1

Yes.

Rereading your question, it is ambiguous: Was the money loaned from a Probate to your son, or did you loan him the money and he is now the beneficiary of a Probate estate?

You can sue your son. You may have to do it in the name of the estate if the money was loaned from the estate, or the estate may be able to distribute the claim to you.

If your son is a beneficiary of the estate, the estate can offset the money loaned by the estate against his share without suing him. This means that it would pay him less. The estate would simply distribute to him the debt he owes the estate.

But if you personally loaned him the money, you cannot have the estate offset it unless your son agrees to the deal. You are just like any other of your son's creditors. You have to sue him.

Answer 2

You want to collect money from your son, that you say was loaned to him from probate. If repayment of the loan is supposed to be paid to you, that leaves me to assume you are the executor/executrix of the estate/Will that's in probate. If that's the case, you were legally bound to settle the estate, in accordance with state law. You would not have the legal authority to use any part of the estate as you would use personal funds. To do so would not only be illegal, but should bring you a prison sentence, unless the Will in probate specifically authorizes you to do whatever you see fit with the assets of the estate.

If, as executor/executrix, you had the legal authority to loan funds from the estate to your son, and if you can prove the estate loaned him money, then you can go to court and get a judgment against him for repayment. If you were not legally authorized to loan him money from the estate, you cannot collect. Because, to do so would expose your illegal handling of the estate. On the other hand, if you have misused the word "probate" that'd be another story. Quite honestly, if you're asking this question on here, it seems a logical conclusion that you aren't well-versed enough in probate law to have handled the responsibility of adminstering an estate. Having said that, it sounds like you need to consult a probate lawyer. Because, it sounds like you've done some shady stuff with the estate assets, and you need help getting yourself out of that mess, before you deal with trying to collect from your son.

Answer 3

Only if you have a signed contract or document showing the terms of the loan and the amount.

Answer 4

Take him to small claims court....You know how kids are though we don't feel the need to "repay" our parents back anything but sometimes u gotta put ur foot down