Log In

Your email is not your username

Register

If you were a member of the old Bodybuilding.com forums and would like to reuse your previous username, you can request it below. We use your email only for registration and do not store it. For more information, please see our Privacy Policy.

Confirm your email

A registration code was sent to your email. Enter it here.

Welcome

You have successfully setup your account.

Sign in

Quick Navigation Bottom Misc
Forum
» Misc. Lawyers Need Advice:
  1. Results 1 to 17 of 17
post 1681236113 04-21-2023, 08:49 AM
-
#1
  1. 2004Miscer
  2. OGMiscer
  1. 2004Miscer
  2. OGMiscer
  3. Join Date: Apr 2023
  4. Posts: 979
  5. Rep Power: 3726

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.
We living in a clown world.
post 1681236533 04-21-2023, 08:57 AM
-
#2
  1. naich
  1. naich
  2. Join Date: Nov 2011
  3. Posts: 17,191
  4. Subscribers: 3
  5. Rep Power: 128000
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.
**Florida Crew**
**Waiting for National Guard Bus Ride to Labor Camp Crew**
post 1681236593 04-21-2023, 08:57 AM
-
#3
  1. katya422
  1. katya422
  2. Join Date: Dec 2011
  3. Location: United States
  4. Posts: 34,673
  5. Rep Power: 372543
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.
INTP Crew
Inattentive ADD Crew
Mom That Miscs Crew
post 1681236623 04-21-2023, 08:58 AM
-
#4
  1. pengh
  1. pengh
  2. Join Date: Apr 2007
  3. Posts: 20,219
  4. Rep Power: 231931
Definitely take misc advice OP. Good luck sir
* Eggs and Rice crew *
* No Washcloth Crew *

Sloots in jail are hnnnggggg

Strange hobbies

#FREEPH*GGOT

MMGA
post 1681236743 04-21-2023, 09:01 AM
-
#5
  1. wrassler45
  2. Registered User
  1. wrassler45
  2. Registered User
  3. Join Date: Jul 2009
  4. Location: United States
  5. Age: 38
  6. Posts: 4,359
  7. Rep Power: 90674
Originally Posted By naich
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.
Lawbrah and nothing I type should be used as legal advice

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
post 1681238103 04-21-2023, 09:24 AM
-
#6
  1. helpmee
  2. Registered User
  1. helpmee
  2. Registered User
  3. Join Date: Oct 2011
  4. Age: 40
  5. Posts: 25,329
  6. Rep Power: 51912
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
**Black out tape over all laptop/cell phone cameras so gov cant spy on me fapping crew**
post 1681238253 04-21-2023, 09:27 AM
-
#7
  1. desslok
  2. Super Spreader
  1. desslok
  2. Super Spreader
  3. Join Date: Apr 2010
  4. Posts: 42,315
  5. Rep Power: 243654
I would fax him a photocopy of my big white butt as payment. Ded fkn srs
2 time survivor of The Great Misc Outages of 2022

Survivor of PHP/API Outage of Feb 2023
post 1681238373 04-21-2023, 09:30 AM
-
#8
  1. Deathstroke
  2. What about Biden!
  1. Deathstroke
  2. What about Biden!
  3. Join Date: Feb 2005
  4. Location: United States
  5. Posts: 110,410
  6. Subscribers: 1
  7. Rep Power: 430801
post 1681238563 04-21-2023, 09:33 AM
-
#9
  1. keyboardworkout
  2. ChatGPT4.5 Bot
  1. keyboardworkout
  2. ChatGPT4.5 Bot
  3. Join Date: Jul 2009
  4. Posts: 36,953
  5. Rep Power: 416934
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.
▪█─────█▪ Equipment Crew #53 ▪█─────█▪
^^^^^^^ 6' 6" and Over Crew ^^^^^^^
------------- No Vax Crew ----------------
post 1681238833 04-21-2023, 09:39 AM
-
#10
  1. fox994
  2. Registered User
  1. fox994
  2. Registered User
  3. Join Date: Nov 2012
  4. Location: Saratoga Springs, New York, United States
  5. Posts: 5,292
  6. Rep Power: 17224
Charging family interest is pretty chitty. You should go talk to a lawyer irl.
IC XC NIKA
Eastern Orthodox Crew
post 1681239183 04-21-2023, 09:46 AM
-
#11
  1. RollTideBrah
  2. Banned
  1. RollTideBrah
  2. Banned
  3. Join Date: Jul 2022
  4. Posts: 2,903
  5. Rep Power: 0
Originally Posted By fox994
Charging family interest is pretty chitty. You should go talk to a lawyer irl.
probably jews
post 1681239333 04-21-2023, 09:48 AM
-
#12
  1. Deathstroke
  2. What about Biden!
  1. Deathstroke
  2. What about Biden!
  3. Join Date: Feb 2005
  4. Location: United States
  5. Posts: 110,410
  6. Subscribers: 1
  7. Rep Power: 430801
Originally Posted By RollTideBrah
probably jews
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 time
post 1681239713 04-21-2023, 09:53 AM
-
#13
  1. 2004Miscer
  2. OGMiscer
  1. 2004Miscer
  2. OGMiscer
  3. Join Date: Apr 2023
  4. Posts: 979
  5. Rep Power: 3726
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.
We living in a clown world.
post 1681239743 04-21-2023, 09:54 AM
-
#14
  1. Xerve
  2. Registered User
  1. Xerve
  2. Registered User
  3. Join Date: Mar 2019
  4. Posts: 3,491
  5. Rep Power: 26179
Verbal contract laws vary but state, but typically $500 is the limit for a verbal contract to be enforceable. So even if your father had assets, judge could just rule this as not legally binding.
post 1681240483 04-21-2023, 10:04 AM
-
#15
  1. keyboardworkout
  2. ChatGPT4.5 Bot
  1. keyboardworkout
  2. ChatGPT4.5 Bot
  3. Join Date: Jul 2009
  4. Posts: 36,953
  5. Rep Power: 416934
"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.
▪█─────█▪ Equipment Crew #53 ▪█─────█▪
^^^^^^^ 6' 6" and Over Crew ^^^^^^^
------------- No Vax Crew ----------------
post 1681240683 04-21-2023, 10:07 AM
-
#16
  1. CockHorse
  2. Registered User
  1. CockHorse
  2. Registered User
  3. Join Date: Apr 2020
  4. Age: 56
  5. Posts: 3,532
  6. Rep Power: 40150
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?
post 1681241893 04-21-2023, 10:28 AM
-
#17
  1. 2004Miscer
  2. OGMiscer
  1. 2004Miscer
  2. OGMiscer
  3. Join Date: Apr 2023
  4. Posts: 979
  5. Rep Power: 3726
Originally Posted By CockHorse
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?
Did you read?

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
"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.
No payments were made, I have only known about this loan for a week.
We living in a clown world.
Quick Navigation Top Misc
Bookmarks
Digg.com
Digg
del.icio.us
del.icio.us
Stumbleupon.com
StumbleUpon
Google.com
Google
Facebook.com
Facebook
Posting Permissions
  1. You may not post new threads
  2. You may not post replies
  3. You may not post attachments
  4. You may not edit your posts