If my late sister owed me money from our father’s estate, do I have a possibility of getting it from her and his estate?

Get Legal Help Today

 Secured with SHA-256 Encryption

If my late sister owed me money from our father’s estate, do I have a possibility of getting it from her and his estate?

My father passed away two years ago in NJ. He had a small estate that by law went to me and my sister equally. She was going through a tough time financially but expected a settlement to come through. I told her to take her time and pay me my half once she was back on her feet. She passed away a few months ago and her husband was supposed to pay me but did not. I have never received one payment and the money from my father’s estate went in their bank account. He just also passed away and now his daughter is selling everything, including their home. Can I go after the estate fo my portion owed to me from my father’s estate that was never paid?

Asked on October 20, 2018 under Estate Planning, New Jersey

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If you had a written loan or similar agreement with your sister by which you loaned her the money and she would repay at a certain time but failed to do so, you could sue the estate for the money; when someone dies, those whom she owed money may seek it from her estate. But without an actual written loan agreement confirming that the money was a loan and not a gift and stating that she would repay it, you will be unable to get the money from the estate: you have no evidence of any debt owed to you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption