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due process?

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P

pudge

Guest
What is the name of your state? colorado two of my sisters are co-personal representatives for my mothers estate. their schedule of distribution states that they are deducting several thousand dollars from my inheritance, claiming that it is repayment for a loan that i had with my mother. i repaid this loan and have been disputing thier claim since i became aware of it. My sisters have never attempted to collect in court and admitted that they have not done so because they lack evidence to prevail.

I am preparing an objection to their distribution schedule. Is their a due process issue here? I have been told by my brothers attorney that my sisters have the power to do this without a judgement. Is this really true? Shouldn't they be required to prove that the debt is valid?

My fear is that this will come down to my word against theirs. Most of the payments were made with money orders or cash and I didn't save the receipts. I could piece together some history from bank statements showing withdrawls, etc. but its not a slam dunk.

Please don't lecture me about what I should have done a couple of years ago, I really need advice on how to move forward.
 


Dandy Don

Senior Member
Are you able to attend any of the probate court hearings about this matter or do you have an attorney who could inform the court about your objection to the loan deduction?

Did you get any type of receipt from your mother indicating that any repayments were accepted by her? The burden of proof is on you to prove you repaid since the personal representatives only appear to have information/documentation about the loan and would have no way of knowing for sure whether or not or when you made repayment.

If you have an approximate idea of the month and/or year that you purchased money orders, all money order companies have a way of you ordering a search done (for a small fee) through cancelled/cash money orders, searching by using your name, etc. and could provide copies to help you prove your case, along with you providing the other bank statement information you mentioned.
 

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