UPDATED: Feb 24, 2017

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Feb 24, 2017Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption


my sister died owning me some money and she had no will and she was not
married and she said she putting everything in her boy friend name who she
lived with for 20 years and she has 2 kids and me and my mom and my other
sister are the only proof i have but i know her estate is worth about 100.000 so i
was wondering if i could get my money back and do you charge by the hour or
the case my sister been gone 5 months

Asked on February 24, 2017 under Estate Planning, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Based on what you write, it may be impossible to get your money:
1) In theory you could sue her "estate," which is a legal entity created by law to pay a deceased's final expenses, clear up her debts, and then distribute the remainder, but if she put her assets in her boyfriends name prior to her death, you will not get them: he has no obligation to pay her debts, and she had  the right to transfer, gift, etc. her assets while she was still alive.
2) Under Section 566.132 of your state's statutes, an agreement which  will not be performed for more than one year MUST be in writing to be enforceable. If when you loaned her the money, she did not have to repay until sometime more than a year had passed, her agreement to repay had to have been in writing; if it was not, it may not be enforceable in your state.
3) Even if the loan agreement were enforceable, with nothing in writing, proving it in court (which you'd have to do, were you to sue the estate) may be very difficult.

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 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 lock Secured with SHA-256 Encryption