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Thread: Misc. Lawyers Need Advice:
04-21-2023, 08:49 AM
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#1
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Misc. Lawyers Need Advice:
Hi, Before I get into it I am a long time lurker for like 20 years now. I think I had an account 10+ years ago and forgot it, I still come here for the LOL's and normality in this clown world.
Onto the issue.
My father tragically passed away in November 2021. We watched him die suddenly, after going to bed, he was 61 and seemingly healthy. My sisters and my mother are only just starting to get back on our feet.
Enter my uncle.
Apparently in 2019 my uncle lent my dad (his brother) $20,000.
Us kids or my mother knew nothing about this loan.
I'm assuming it was to settle debts, which my uncle left him with after he screwed him out of business (that's another story)
Fast forward to this week, and we received an email from his lawyer demanding $20,000 be paid back in full + interest.
We knew nothing of this.
Now it was a verbal agreement, and the only side of the agreement we have heard is my uncles. How can he sue a deceased person?
Am I right in saying, the deal was between him and my dad and nothing to do with us so the deal is gone?
My dad had no estate, and mum is renting so he can't take it from there.
Cliffs
- Dad borrowed money from his brother in 2019 ($20,000)
- Dad suddenly died in 2021
- We knew nothing of the loan
- Get a letter from lawyer that we have a week to pay $24,500
- Agreement was verbal, and details unknown except for my uncles side of the story.
Thanks.
I've tried looking online for similar scenarios and found nothing.
I see it as this, my dad could have had another agreement in place (take it from his share of the house when their mum passes)....so I can't believe his story....also where did interest come from lol. There is no paper work, just his story of events.
Onto the issue.
My father tragically passed away in November 2021. We watched him die suddenly, after going to bed, he was 61 and seemingly healthy. My sisters and my mother are only just starting to get back on our feet.
Enter my uncle.
Apparently in 2019 my uncle lent my dad (his brother) $20,000.
Us kids or my mother knew nothing about this loan.
I'm assuming it was to settle debts, which my uncle left him with after he screwed him out of business (that's another story)
Fast forward to this week, and we received an email from his lawyer demanding $20,000 be paid back in full + interest.
We knew nothing of this.
Now it was a verbal agreement, and the only side of the agreement we have heard is my uncles. How can he sue a deceased person?
Am I right in saying, the deal was between him and my dad and nothing to do with us so the deal is gone?
My dad had no estate, and mum is renting so he can't take it from there.
Cliffs
- Dad borrowed money from his brother in 2019 ($20,000)
- Dad suddenly died in 2021
- We knew nothing of the loan
- Get a letter from lawyer that we have a week to pay $24,500
- Agreement was verbal, and details unknown except for my uncles side of the story.
Thanks.
I've tried looking online for similar scenarios and found nothing.
I see it as this, my dad could have had another agreement in place (take it from his share of the house when their mum passes)....so I can't believe his story....also where did interest come from lol. There is no paper work, just his story of events.
We living in a clown world.
04-21-2023, 08:57 AM
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#2
Not a lawyer, but debt does not transfer to the children. You would sell his assests assuming he has any to cover his debts upon death. A verbal agreement with a deadman is just that, a verbal sgreement with a dead man.
Lost a father and an uncle this year, sorry to hear.
Edit: Saw he "died suddenly in 2021"...tell your uncle to go sue Moderna or Pfizer.
Lost a father and an uncle this year, sorry to hear.
Edit: Saw he "died suddenly in 2021"...tell your uncle to go sue Moderna or Pfizer.
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04-21-2023, 08:57 AM
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#3
Not a lawyer.
Maybe one will show up?
If there is no contract [proof] and no estate [funds belonging to the deceased] then I wouldn't worry too much.
I don't see how your uncle would have any legal standing to pursue your father's survivors for the funds.
I believe that your uncle would have to go to court to attempt to enforce a lien on the estate and if there is no estate that would be a wasted effort on his part.
Maybe one will show up?
If there is no contract [proof] and no estate [funds belonging to the deceased] then I wouldn't worry too much.
I don't see how your uncle would have any legal standing to pursue your father's survivors for the funds.
I believe that your uncle would have to go to court to attempt to enforce a lien on the estate and if there is no estate that would be a wasted effort on his part.
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04-21-2023, 08:58 AM
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#4
04-21-2023, 09:01 AM
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#5
- wrassler45
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Originally Posted By naich⏩
Lawbrah and nothing I type should be used as legal adviceNot a lawyer, but debt does not transfer to the children. You would sell his assests assuming he has any to cover his debts upon death. A verbal agreement with a deadman is just that, a verbal sgreement with a dead man.
Lost a father and an uncle this year, sorry to hear.
Lost a father and an uncle this year, sorry to hear.
This sort of thing can vary per state, but he would be attempting to recoup the money from your fathers estate/anyone who was a beneficiary. Bring the demand letter to an attorney, and don't talk to your uncles attorney at all. People borrow/take out loans all the time without anyone knowing until their death. It's believable but proof would be required
04-21-2023, 09:24 AM
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#6
- helpmee
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If your father had nothing of value tell him to F off.
If you mother is still alive and they were married even if he had money it would not be in a estate or probate. It would just continue on with her unless he wrote a
Will saying something else
If you mother is still alive and they were married even if he had money it would not be in a estate or probate. It would just continue on with her unless he wrote a
Will saying something else
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04-21-2023, 09:27 AM
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#7
04-21-2023, 09:30 AM
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#8
- Deathstroke
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04-21-2023, 09:33 AM
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#9
- keyboardworkout
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Was probate opened for your father's estate?
What did your father's estate consist of when he passed?
I'm leaning toward telling your uncle to pound sand.
What did your father's estate consist of when he passed?
I'm leaning toward telling your uncle to pound sand.
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04-21-2023, 09:39 AM
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#10
04-21-2023, 09:46 AM
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#11
- RollTideBrah
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Originally Posted By fox994⏩
probably jewsCharging family interest is pretty chitty. You should go talk to a lawyer irl.
04-21-2023, 09:48 AM
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#12
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Originally Posted By RollTideBrah⏩
Fwiw misc . it’s Not the Israelis i just wanted to add to this . Proud supporter of them the nation but don’t care about Jews in general who never were never in the Middle East region . American Jews in general? No feelings one way or another …. Most if the timeprobably jews
04-21-2023, 09:53 AM
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#13
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My father had no estate.
He was burnt by his brother in business and was starting fresh.
My mother is now renting.
So whose he suing here? and to charge a made up interest rate?
This guy is the ultimate piece of ****, I told him to **** off he's not getting a cent from us kids, and the agreement was between him and the deceased and his gone and got a lawyer lol.....whose does that to their own dead brother, and to charge interest on top lol.
Somehow I'm already red....good old misc, don't ever change.
Basically my uncle is saying my mother is the next in line, so she should inherit the debt.
He was burnt by his brother in business and was starting fresh.
My mother is now renting.
So whose he suing here? and to charge a made up interest rate?
This guy is the ultimate piece of ****, I told him to **** off he's not getting a cent from us kids, and the agreement was between him and the deceased and his gone and got a lawyer lol.....whose does that to their own dead brother, and to charge interest on top lol.
Somehow I'm already red....good old misc, don't ever change.
Basically my uncle is saying my mother is the next in line, so she should inherit the debt.
We living in a clown world.
04-21-2023, 09:54 AM
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#14
04-21-2023, 10:04 AM
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#15
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"Not legal advice."
All you got is a demand letter. Ignore it and break all contact with your uncle.
Unlikely, anything will come of this. Litigation is expensive and it sounds like your uncle can't afford to go there.
If probate was opened, then your uncle could file a claim along with any other creditors. However, without probate, his options are limited to civil litigation.
Should your uncle pursue litigation, does he have proof of your father making payments on the loan? If the terms of the loan are not in writing and there is no proof of payments, it is very unlikely a court would rule in his favor.
All you got is a demand letter. Ignore it and break all contact with your uncle.
Unlikely, anything will come of this. Litigation is expensive and it sounds like your uncle can't afford to go there.
If probate was opened, then your uncle could file a claim along with any other creditors. However, without probate, his options are limited to civil litigation.
Should your uncle pursue litigation, does he have proof of your father making payments on the loan? If the terms of the loan are not in writing and there is no proof of payments, it is very unlikely a court would rule in his favor.
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04-21-2023, 10:07 AM
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#16
04-21-2023, 10:28 AM
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#17
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Originally Posted By CockHorse⏩
Did you read?Your red because your story stinks worse than a ****** ass.
Your father died and the wealth is getting distributed to the kids, Sliding right past his wife while she rents a place?
Your father died and the wealth is getting distributed to the kids, Sliding right past his wife while she rents a place?
My father had no wealth, he got burnt in business by the same bloke and was working in a new business he had just bought when he had a heart attack and died.
SO yeah fun times, I inherited debt from that business, had to quit my job and sell it for a loss and then I get a letter like this in the mail.
thats the situation mate
Originally Posted By keyboardworkout⏩
No payments were made, I have only known about this loan for a week."Not legal advice."
All you got is a demand letter. Ignore it and break all contact with your uncle.
Unlikely, anything will come of this. Litigation is expensive and it sounds like your uncle can't afford to go there.
If probate was opened, then your uncle could file a claim along with any other creditors. However, without probate, his options are limited to civil litigation.
Should your uncle pursue litigation, does he have proof of your father making payments on the loan? If the terms of the loan are not in writing and there is no proof of payments, it is very unlikely a court would rule in his favor.
All you got is a demand letter. Ignore it and break all contact with your uncle.
Unlikely, anything will come of this. Litigation is expensive and it sounds like your uncle can't afford to go there.
If probate was opened, then your uncle could file a claim along with any other creditors. However, without probate, his options are limited to civil litigation.
Should your uncle pursue litigation, does he have proof of your father making payments on the loan? If the terms of the loan are not in writing and there is no proof of payments, it is very unlikely a court would rule in his favor.
We living in a clown world.
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