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Father Promised Repayment in Will, Defaulted

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Diana4517

Junior Member
What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Indiana

My father suffered a 2 year period of time that he was not able to sufficiently care for himself financially. I had recently suffered a severe spinal injury, leaving me unable to work, and due to that injury was awarded 42,000.

My father requested financial assitance constantly, help with heating bills, gravel for his driveway, weekly groceries, etc. In the two year period he had used 15,000 of my money. He promised me verbally that he would repay me by leaving me enough of his estate (antiques) to repay the $15,000.
The problem. Dad remarried 7 years ago. Within 2 weeks of his marriage, his "new" wife insisted he make a will leaving everything in her name. (Of course she stated in front of him and us children that we could have anything we wanted of our fathers.) I verbally protested but she again stated that I could have anything I wanted should he die. He passed away 6 weeks ago and did nothing to repay me in his will. I am now broke, living on social security disability. I have nothing signed stating he'd repay me, only cancelled checks. He did admit to his friends and other family members that he owed me $15,000 and was repaying me in his estate but did not do it. I'm devastated, and don't know if disputing the will is throwing away more money or if I have legal claim to recover enough of his property to repay this debt. What cash he left merely paid his funeral. However he has storage buildings filled with antiques to be sold. His wife refuses to let any of us surviving children have as much as a photograph, let alone what he promised in repayment. (This money was borrowed in 1997)
Do I have enough of a right of repayment, that it's worth it to challenge the will?
 


Dandy Don

Senior Member
So what is the value of his estate, and who is the executor of the will? Are the antiques going to be sold or not? Did wife get everything, and were no children named at all?

Your biggest mistake was not getting something in writing, because verbal agreements mean nothing.

Too bad dad wasn't strong enough to stand up to the wife and at least leave the kids something in the will, especially you.

Take the will to a local probate attorney and have him evaluate it for you to see if you have legal grounds for contesting. Most states do have laws saying that children must be named in a will. Problem with contesting is that it will cost you thousands of dollars upfront to retain an attorney, and you probably don't have that.

DANDY DON IN OKLAHOMA ([email protected])
 
S

seniorjudge

Guest
Q: Do I have enough of a right of repayment, that it's worth it to challenge the will?

A: Your father did what he wanted to do and put it in writing. No state that I know of has any laws requiring that adult children be named in a will EXCEPT for (maybe) Louisiana. Not sure.
 

Dandy Don

Senior Member
Take the will to a probate attorney to have him evaluate to see if you have grounds to contest. Even if you don't have grounds, you should still file a claim for repayment with the estate (your attorney can advise you how to do it) if you have receipts/documentation to back up what you spent and also possibly if there are other family members who heard him say he wanted to repay you, get them to sign an affidavit confirming this.

DANDY DON IN OKLAHOMA ([email protected])
 
S

seniorjudge

Guest
http://www.fair-debt-collection.com/SOL-by-State.html#15

Indiana Statutes of Limitation

Breach of contract for sale under UCC: 4 years.

Unwritten accounts or contracts and promissory notes or written contracts for payment of money executed after August 31, 1982: 6 years.

Written contracts unrelated to the payment of money: 10 years.

Written acknowledgement or new promise signed by the debtor, or any voluntary payment on a debt, is sufficient evidence to cause the relevant statute of limitations to begin running anew.

Judgments: 10 years unless renewed.


You have waited too late to try to recover this money.

He promised me verbally that he would repay me by leaving me enough of his estate (antiques) to repay the $15,000....(This money was borrowed in 1997)
 

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