can I sue my sister for money owed on behalf of my late mothers esate.

my sister and her husband both barrowed money from my mother and never paid it back.

Asked on June 22, 2017 under Estate Planning, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If you are the executor, administrator, or personal representative of the estate (i.e. have been appointed to one of those roles by a will and/or the probate court) and your sister has violated the terms of a loan by not repaying when repayment was due, then as the executor (etc.) you can direct the estate to sue for the money. However:
1) You need to have been appointed to one of those roles to have legal authority.
2) If there is no written agreement, you will almost certainly fail, since if it was an oral loan agreement from your mother and she is not here to testify, your sister and her husband can deny it (claiming, e.g. that it was a gift, or if a loan, that your mother had forgiven it) and there will be no admissible evidence to contradict them.


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