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Hopefully somebody has an easy answer for my question which I will ask
as briefly as I can. My mother is 59 years old and had a brother who
was 63. He had to leave his apartment for some reason, I believe the
landlord was selling the house. He was crying and said he didn't know
where to go and didn't want to be at the hotel he was temporarily
staying at. His daughters have their own lives and didn't want to take
him in. My mother had a spare room and told him he can stay there as
long as he wants and doesn't have to pay rent. So while staying there,
under about 5 occasions, he borrowed my mom money which she paid him
back when she had it. To make a long story short, he lived with my mom
for 18 months and then he found an apartment he liked. He used to
write down on a calendar what he borrowed to people. I'm not sure what
papers he might have had on people paying him back, the niece's
husband doesn't mention any. Anyway, he died a few months ago and his
daughters or at least one daughter's husband has called my mom twice
telling her that she owes her niece 4,000.00 because they found that
total written down on his calendar over the year and a half and they
said that there is nothing showing that she has paid him back. They
said they will settle it legally if she does not give them the money.
I talked to my mom and she has a paper where he had written down a
couple of times money that she had borrowed and also that she has paid
but she didn't keep the papers he gave her because they lived together
and just helped each other out. She only had this paper by chance that
she found on the floor of the room that he used to sleep in. The
daughters husband who is the one calling says that he thinks my mom is
greedy and shouldn't treat family like this and that her brother (the
diceased) is rolling around in his grave. My question is, what would
or could they do legally to get money if they claim there is no
letters or notes that equal what she may have borrowed?
Albert
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Hopefully somebody has an easy answer for my question which I will ask
as briefly as I can. My mother is 59 years old and had a brother who
was 63. He had to leave his apartment for some reason, I believe the
landlord was selling the house. He was crying and said he didn't know
where to go and didn't want to be at the hotel he was temporarily
staying at. His daughters have their own lives and didn't want to take
him in. My mother had a spare room and told him he can stay there as
long as he wants and doesn't have to pay rent. So while staying there,
under about 5 occasions, he borrowed my mom money which she paid him
back when she had it. To make a long story short, he lived with my mom
for 18 months and then he found an apartment he liked. He used to
write down on a calendar what he borrowed to people. I'm not sure what
papers he might have had on people paying him back, the niece's
husband doesn't mention any. Anyway, he died a few months ago and his
daughters or at least one daughter's husband has called my mom twice
telling her that she owes her niece 4,000.00 because they found that
total written down on his calendar over the year and a half and they
said that there is nothing showing that she has paid him back.
Stop right there. This is not evidence of a debt and is incompetent in a
court of law under the dead man's act. It is as worthless as hearsay, only
hearsay can often be corrected by bringing the declarant into a court of
law --- but you can't bring a dead man into a court of law. Tell the man
this claim is dead in the water.
They
said they will settle it legally if she does not give them the money.
I talked to my mom and she has a paper where he had written down a
couple of times money that she had borrowed and also that she has paid
but she didn't keep the papers he gave her because they lived together
and just helped each other out. She only had this paper by chance that
she found on the floor of the room that he used to sleep in. The
daughters husband who is the one calling says that he thinks my mom is
greedy and shouldn't treat family like this and that her brother (the
diceased) is rolling around in his grave. My question is, what would
or could they do legally to get money if they claim there is no
letters or notes that equal what she may have borrowed?
Not a damn thing.
Albert
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Albert Johnson wrote:
Hopefully somebody has an easy answer for my question which I will ask
as briefly as I can. My mother is 59 years old and had a brother who
was 63. He had to leave his apartment for some reason, I believe the
landlord was selling the house. He was crying and said he didn't know
where to go and didn't want to be at the hotel he was temporarily
staying at. His daughters have their own lives and didn't want to take
him in. My mother had a spare room and told him he can stay there as
long as he wants and doesn't have to pay rent. So while staying there,
under about 5 occasions, he borrowed my mom money which she paid him
back when she had it. To make a long story short, he lived with my mom
for 18 months and then he found an apartment he liked. He used to
write down on a calendar what he borrowed to people. I'm not sure what
papers he might have had on people paying him back, the niece's
husband doesn't mention any. Anyway, he died a few months ago and his
daughters or at least one daughter's husband has called my mom twice
telling her that she owes her niece 4,000.00 because they found that
total written down on his calendar over the year and a half and they
said that there is nothing showing that she has paid him back. They
said they will settle it legally if she does not give them the money.
I talked to my mom and she has a paper where he had written down a
couple of times money that she had borrowed and also that she has paid
but she didn't keep the papers he gave her because they lived together
and just helped each other out. She only had this paper by chance that
she found on the floor of the room that he used to sleep in. The
daughters husband who is the one calling says that he thinks my mom is
greedy and shouldn't treat family like this and that her brother (the
diceased) is rolling around in his grave. My question is, what would
or could they do legally to get money if they claim there is no
letters or notes that equal what she may have borrowed?
Albert
As a non-attorney type, my gut feeling says it's a scam.
Unless there is some form of legal contract between the two parties, mom
doesn't owe them a dime.
Just because they claim they've seen it written down on a calendar is not
gonna hold up in court.
Tell the lady to tell the two ever so caring nieces, to shove it.
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On Thu, 16 Dec 2004 18:59:12 -0500, " jls" <jls1016@bellsouth.net>
wrote:
I'd just like to thank jls and Richard for their replies to my post. I
appreciate your info and your opinions. This next question may not be
appropriate for the misc.legal newsgroup but if it turns out my mom
hasn't paid him back totally, should she pay the money she owed him to
the daughters? I'm wondering if that would be morally right to do or
if I should consider that him living with her rent free for 18 months
more than would have covered it. I was gonna request from them what
info they actually have and go through it myself or should I just let
it go?
Albert
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Albert,
Debts owed to the deceased's estate should be paid to his estate. Someone
is handling the estate's business. This person is usually called an executor
or administrator. That is the person your mother should be dealing with. If
the in-law is not the executor then this is none of his business. On the
matter of rent, you make it clear that there was no debt incurred and that
the room was a gift from your mother. There is no debt owed from the estate
to your mother for the room.
Dave M.
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Albert,
Debts owed to the deceased's estate should be paid to his estate.
Someone
is handling the estate's business. This person is usually called an
executor
or administrator. That is the person your mother should be dealing with.
If
the in-law is not the executor then this is none of his business. On the
matter of rent, you make it clear that there was no debt incurred and that
the room was a gift from your mother. There is no debt owed from the
estate
to your mother for the room.
Dave M.
Nor is there any debt or proof of debt by his mother to the decedent's
estate. Inscriptions on a calendar purporting to have been entered by the
deceased are incompetent under the Dead Man's Act and mean nothing.
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said they will settle it legally if she does not give them the money.
I talked to my mom and she has a paper where he had written down a
couple of times money that she had borrowed and also that she has
paid
but she didn't keep the papers he gave her because they lived
together
and just helped each other out. She only had this paper by chance
that
she found on the floor of the room that he used to sleep in. The
daughters husband who is the one calling says that he thinks my mom
is
greedy and shouldn't treat family like this and that her brother (the
diceased) is rolling around in his grave. My question is, what would
or could they do legally to get money if they claim there is no
letters or notes that equal what she may have borrowed?
Tell your mom to present them with a bill for $1000 per month room and
board for 18 months that their father never paid.
Mez
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On Thu, 16 Dec 2004 17:44:24 -0600, Albert Johnson <> wrote:
Thanks David for your input, thanks again to jls and thank you to
Messalina for your posts. I appreciate everyones opinion which is
helping me out with this situation. Your time to respond and give your
input is greatly appreciated.
Albert
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