Is there anything I can do if my friend's family is trying to take property away? 10 Answers as of December 30, 2011

My friend owed me $7500 but died recently. I was and still am living in his estate. His family is coming to take back the estate and will not give me the money owed me. We had no written contract because we were close friends and had been for many years.

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Ashman Law Office
Ashman Law Office | Glen Edward Ashman
If you have proof of the loan, sue the estate. If you don't, learn from that mistake, as you need evidence to win a suit.
Answer Applies to: Georgia
Replied: 12/30/2011
Martin Barnes - Attorney at Law
Martin Barnes - Attorney at Law | Martin Barnes
You can submit a claim against the estate for the debt owed to you. Without a writing, you will be challenged to defend and prove the validity of your claim. If you are unclear as to how to submit and/or prove your claim I suggest you consult an attorney who practices in the area of Probate Administration. Disclaimer: The response above does not form an attorney-client relationship, nor is it intended to be anything other than the opinion of the author. It should not be relied upon as legal advice.
Answer Applies to: Indiana
Replied: 12/30/2011
Goldsmith & Guymon
Goldsmith & Guymon | Dara Goldsmith
Unless you have a writing signed by the Decedent evidencing the debt of $7,500 it may not be enforceable. A debt that size needed to be put on paper and signed by him/her. If an estate is opened, you may file a claim for the monies that you leant the Decedent. You would file a creditor's claim and provide back up for the claim. Your claim may still be denied since you lack a written agreement. However, you have no rights to retain your friend's stuff in satisfaction of the debt. We offer a one hour consultation with an attorney who will provide you with important information regarding your specific case and will able to advise you on the options that you should consider in determining your next steps for the small investment of $100. This is a significant discount from our billing rates.
Answer Applies to: Nevada
Replied: 12/29/2011
Glojek Ltd | Joseph E. Redding
You need to file a claim in the estate for the money. There are quick deadlines to file a claim, so do not wait.
Answer Applies to: Wisconsin
Replied: 12/29/2011
Charles M. Schiff, Attorney at Law
Charles M. Schiff, Attorney at Law | Charles M. Schiff
You need to make a claim against the estate. The personal representative (P.R.) of the estate will consider your claim along with any other claimed debt. The P.R. will decide whether he considers yours a valid debt. If he considers it valid, he will pay the debt from assets of the estate. If he decides it is not a valid debt, a probate court will decide via a trial. Without something in writing granting you the right to continued occupancy of the property, you have no legal right to possess or use the property.
Answer Applies to: Minnesota
Replied: 12/29/2011
    Law Office of William L Spern | William Spern
    You have no right to live on someone else's property without a written lease or other document giving you the right to stay on the property. To get your money, you must be able to prove the loan by some transactions evidencing that you withdrew the money and gave it to the deceased. Your chances of recovery are almost nil. Move out and move on with your life.
    Answer Applies to: Michigan
    Replied: 12/29/2011
    Harville-Stein Law Offices, LLC
    Harville-Stein Law Offices, LLC | Dean D. Stein
    You can file a claim in Probate Court against the estate. However, with no written documentation, it may be difficult to prove to the Court's satisfaction. However, you might be able to put on a witness, or two, who had knowledge of the agreement and can testify to what they know of it. It might also bring about an offer in settlement of the issue.
    Answer Applies to: Alabama
    Replied: 12/29/2011
    THE HUBBARD LAW FIRM, P.C.
    THE HUBBARD LAW FIRM, P.C. | Donald B. Lawrence, Jr.
    There are ways to prove the debt but the facts and documentary evidence such as proof of a transfer of funds or partial repayment of interest or toward the loan balance will be helpful. One of the things that a person who serves as personal representative ("PR") of the estate is supposed to do is publish a claims notice. Further if the PR has knowledge of a claim, the PR is supposed to serve a copy of the claims notice on the creditor. You should seek counsel to represent your interests in the matter.
    Answer Applies to: Michigan
    Replied: 12/29/2011
    THE BROOME LAW FIRM, LLC
    THE BROOME LAW FIRM, LLC | Barry D. Broome
    Is there any witness to the deal made with the deceased? If not, you have no standing to challenge.
    Answer Applies to: Georgia
    Replied: 12/28/2011
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    If you can show the payment to your friend, and if he made any repayments to you, you might be able to establish the debt. Watch carefully for the family to open probate, and get an attorney to help you make a claim against the estate.
    Answer Applies to: Oregon
    Replied: 12/28/2011
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