This would be in Arizona or Nevada... read on to see why I question which one.
LONG story short... loaned brother $5000.00 total. Have all checks with "personal loan" written on bottom. Have the few checks he started to pay me back with but he has recently passed. His house was sold (lien free) and proceeds went to his (4 letter choice word) daughter who knows he owes me a balance of roughly $4700. He told her in front of me that when his house sells that I am to be paid in full out of that money and rest to go to his grandchildren. Needless to say when I inquired about my money she told me to never contact her again and that I'll never see a dime.
SO... my questions:
1. Do I have a small claims case?
2. The residence was in AZ, he and I both live in AZ but SHE is in Nevada. So what state do I file in?
3. If I can't file and recoop my loss, can I deduct it from my taxes as a loss?
4. He had 3 other children (4 total)... whom I'm assuming she is screwing in the process and not going to give them their rightful share - but in reality it's not his wishes for any of them to have it but his grandchildren. Regardless, can the grandchildren or the siblings take her to court for their share? (nothing is in writing - was all just conversation and last wishes on his death bed - mind you she does/did have power of attorney and is executor of estate).
PLEASE... any advice will be appreciated. Barely able to make my payments on this loan myself (took it against my own house as a line of credit) but since I loaned him the money the minimum has raised significantly and so I'm kind of stuck. I want to legally make his daughter do the right thing - by his wishes, by what's morally right and for once not let her get away with murder as she has all her life.
Thanks!What is the name of your state (only U.S. law)?
LONG story short... loaned brother $5000.00 total. Have all checks with "personal loan" written on bottom. Have the few checks he started to pay me back with but he has recently passed. His house was sold (lien free) and proceeds went to his (4 letter choice word) daughter who knows he owes me a balance of roughly $4700. He told her in front of me that when his house sells that I am to be paid in full out of that money and rest to go to his grandchildren. Needless to say when I inquired about my money she told me to never contact her again and that I'll never see a dime.
SO... my questions:
1. Do I have a small claims case?
2. The residence was in AZ, he and I both live in AZ but SHE is in Nevada. So what state do I file in?
3. If I can't file and recoop my loss, can I deduct it from my taxes as a loss?
4. He had 3 other children (4 total)... whom I'm assuming she is screwing in the process and not going to give them their rightful share - but in reality it's not his wishes for any of them to have it but his grandchildren. Regardless, can the grandchildren or the siblings take her to court for their share? (nothing is in writing - was all just conversation and last wishes on his death bed - mind you she does/did have power of attorney and is executor of estate).
PLEASE... any advice will be appreciated. Barely able to make my payments on this loan myself (took it against my own house as a line of credit) but since I loaned him the money the minimum has raised significantly and so I'm kind of stuck. I want to legally make his daughter do the right thing - by his wishes, by what's morally right and for once not let her get away with murder as she has all her life.
Thanks!What is the name of your state (only U.S. law)?
