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Sister's estate owes me money.

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oasis53

Guest
What is the name of your state? OH
I had lived with my sister for 15 years..She and her husband were kind enough to take me in after my divorce...I helped to take care of her husband that was dying of cancer so he would not have to stay in the hospital..after he passed on.. I stayed and helped her out with the house...there was no insurance to pay off the house..
Anyway...She wanted to sell the house and needed money to fix it up and pay misc. bills...house pymt..taxes...etc...she was going to pay it back as soon as the house sold..it never sold and she died of a heart attack a month ago...the "money" I loaned her was all on charge accounts I got especially for her 'needs'..so only her bills would be on there and make it easier to pay off when the house sold.
Her daughter is the executrix of the estate..and said they do not owe me the money since it wasn't in my sisters name..is there anything I can do??? It totals about $15,000.
I really need some advice...what kind of lawyer should I look for??Thanks in advance..
 


Dandy Don

Senior Member
You will probably need a business law attorney to help you with this. It is going to be a bit difficult for you to win your case unless you can get documentation from the "charge accounts" company (I assume you mean a credit card account) that provides copies of the bills that were paid. It seems that you have no documentation/hard evidence that can prove to anyone who looks at it that these bills belonged to or were done in behalf of the decedent, but it shouldn't be too hard for you to come up with some of these--surely you have receipts somewhere. You should have gotten some type of written agreement from the decedent to verify the fact that these amounts were "loaned" to you and expected to be repaid.

It is very shabby of the executrix to deny you payment in view of the help and care you gave, but you know how greedy and selfish people can be when it comes to money.
 
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oasis53

Guest
Thanks Dandy Don

I have been fretting over this for quite awhile...it is nice to have someone to chat with...Yes I have receipts..Most of it was accessed by the promotional checks they send out..with "great promo" interest!!! Some were made out directly to bill collectors others were for house taxes and home improvement..painting etc.
EVERYONE says I should have gotten it written down and had her sign it...be honest ..does everyone make a relative sign an agreement???? I had no reason to believe she would not pay me when the house sold...and I also did not think she was going to die at 65. She was in good health.
Do you (or anyone) think I have a chance or will I just be wasting money (Which I do not have to spend)??
By the way...the niece also made me move out..stating it was her house and I had no right to be there. So it has cost me and arm and a leg to get moved..
 

Dandy Don

Senior Member
Only your business law attorney can tell you how strong of a case you have and whether you should pursue it. I think if the documentation is strong enough you have about a 65% chance of winning, especially if you can show by photograph that the home improvement materials were used as such on the home and the tax receipt. First consultation with an attorney is usually free or very inexpensive.

Of course, the other side is going to say that you did it out of niceness or just to help the relative (which flies in the face of common sense somewhat). But the total amount you spent comes out in your favor, because no one would reasonably spend $15,000 with no expectation of compensation. If you can get many or most of the receipts, also consider asking your attorney whether it would be wise to submit them to the executors as valid expenses to be reimbursed with estate assets. Can this estate afford to pay all or part of the $15,000?
 

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