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Does writing "loan" in a check notation prove there was a loan?

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MellieP

Active Member
So I don't file with the court? Like I said, the estate is insolvent, I will not get paid. This is 100% about having it on record that the estate owes ME over twice as much as it claims I owe the estate.
 


HRZ

Senior Member
Your claim needs to filed with the executor.

BTW who was the named beneficiary on the life insurance ?
 

MellieP

Active Member
Ok. What if he refuses when I make the official request? Does he get in trouble?

He and I were both the beneficiaries. He signed the papers for the funeral home to receive our money but the deduction for their expenses was equally divided. We each would have gotten 10k, but since we allowed the home to take 4k, we each got 8k.
 

MellieP

Active Member
And this is very confusing. In her filing for insolvency, she put down funeral expenses under "explanation of entries". My mother's money didn't pay those.
 

quincy

Senior Member
It gets confusing for forum volunteers when there is more than one thread in progress on the same legal matter.

The link in this thread and the link in your other thread are provided for the benefit of those who are trying to help you. Background information can be important.
 

MellieP

Active Member
I'm sure that's true but I was just asking a separate question. How do you file a claim. Did not expect the other thread to be brought up at all and that isn't in my control.
 

HRZ

Senior Member
Look it up , you are a bit pig headed on this, but essentially claims must be filed with the executor and generally the time limit for claims runs XX days from the date limit the executor published required public notices of the death and were to summit claims . Failure to publish required notices keeps the door open for claims ..but an empty pot assures the outcome in any case.
 

Zigner

Senior Member, Non-Attorney
Look it up , you are a bit pig headed on this, but essentially claims must be filed with the executor and generally the time limit for claims runs XX days from the date limit the executor published required public notices of the death and were to summit claims . Failure to publish required notices keeps the door open for claims ..but an empty pot assures the outcome in any case.
Actually, in some cases, failure to follow "da rules" can subject the PR to personal liability.
 

MellieP

Active Member
I'm not pig headed at all. There's no need for insults. He let everyone know of my mom's death in short order, there's no question of that. I DID look it up. I know how to google. And I came up with nothing. That's why I asked here. My mom passed April 19th. I'll go ahead and put in an official request for the claim but I really think he will refuse to file it. If it's too late, fine.
 
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HRZ

Senior Member
THe claim is effective upon filing it with executor .

" da rules" are rather specific as to how notice must be published ...
 

MellieP

Active Member
Ok, here are the comments I made about it in emails to him. Do these count as me putting in a claim? Or do I need to make an official request to him?

"It might not be too late to put in a claim for us to get reimbursed the 4k for cremation and wake expenses. You should ask her about that. That would be at the very top of the list of priority of who gets paid, and that would cover it. I would forgo my 2k towards her bills."

He didn't respond, so in the next email I said...

"Ok, but please check with Cheryl about the claim for reimbursement for the wake/cremation expenses."

Still no response, so in the next:

"Please let me know, when you know, whether or not you were able to put in the claim for reimbursement."

I had said it was at the top, because that's what gooooogle told me. I was wrong.
 

HRZ

Senior Member
That is not a claim , agree.

And how did your brother sign with funeral home to take 12 the costs out of your portion of insurance unless you agreed?
 
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