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And even if he's telling the truth, nobody loans ten grand without a promissory note or something in writing. That's just stupid.
This! When someone dies sometimes people (their good friends/neighbors/relatives) try all sorts of things like this. Or try to claim items in household are their "borrowed" possessions that they are now taking back. The correct & honest response to give to any claimants is, "he died without assets".
I wouldn't even consider the stranger's claim on $10,000. Tell that man to go pound sand. That kind of money gets put in writing even among friends. I've lent out $500 once on a man's word, and that turned out just fine, but $10k is a whole other matter for people who work for a living, even if we are frugal and do have savings.
Now I don't know how common it is for people to come out of the woodwork like that, but that person is taking a chance and hoping that you'll be a sucker and give him a free $10k.
I had hoped to avoid intervening, but enough is enough. The OP is well advised to be aware of scams and those who are opportunists. That said, the increasing piling on of hate and ulterior motives is a sign of our times and sickening.
Some of us REALLY DO give people money, or emotional support, or other parts of ourselves, in hope of making the lives of those dear to us more tolerable in those months before death. When those loved ones expire (note that the OP mentioned "dear") we may try to recoup what we invested. It isn't always for personal gain. There is a concept of balanced energies.
I give what I give in moderation and advice without any expectation of recompense. Countless others give ongoing support to those who are nearing the end of their time on the planet. The idea of someone loaning money so that an individual might surmount a hurdle or live with some sense of dignity is NOT a reason to denigrate them when the person has died and there is a possibility of recouping or balancing the energy that was expended.
I WILL delete posts from those who wish to spread hate and evil motives without showing clear reason for their opinion.
Hope this is the appropriate forum to post this question.
My partner's uncle died recently (he had no wife / children) and he's the heir of his assets, which consists of a modest house (with mortgage), an old, beat-up van, and some personal effects. The uncle had a ton of credit card debt when he passed on, and the attorney told us not to worry about that debt - it'll just be written off.
My question concerns a claim by a dear friend of the uncle who apparently loaned him $10,000 a while back, and made it clear that he wants to be paid back. With almost no cash and the uncertain value of the assets, the money just isn't there to pay the $10,000. Is it within our right to say "sorry, no can do?" Legally, the guy doesn't have a claim - there's not even a note or anything. Is it ethical to renege on a debt that we did not incur?
Just want to see what folks think of this - although the decision has already been made to tell him that we're unable to pay his debt. I'd just like to know what to do (legally or otherwise) if he's a jerk and demands he gets paid back.
You've got a lawyer moving the probate through the court, right? As you go through probate, there will be an opportunity for all creditors to come out of the woodwork, and the lawyer will let you know who has and hasn't a case.
Hope this is the appropriate forum to post this question.
My partner's uncle died recently (he had no wife / children) and he's the heir of his assets, which consists of a modest house (with mortgage), an old, beat-up van, and some personal effects. The uncle had a ton of credit card debt when he passed on, and the attorney told us not to worry about that debt - it'll just be written off.
My question concerns a claim by a dear friend of the uncle who apparently loaned him $10,000 a while back, and made it clear that he wants to be paid back. With almost no cash and the uncertain value of the assets, the money just isn't there to pay the $10,000. Is it within our right to say "sorry, no can do?" Legally, the guy doesn't have a claim - there's not even a note or anything. Is it ethical to renege on a debt that we did not incur?
Just want to see what folks think of this - although the decision has already been made to tell him that we're unable to pay his debt. I'd just like to know what to do (legally or otherwise) if he's a jerk and demands he gets paid back.
I worked for an attorney years ago who handled estate probate. If an estate is declared "insolvent", the credit card debts can probably be written off, it happened frequently. The fact that there is a mortgage on the house probably makes it untouchable.
If there is nothing written, i.e. no promissory note, the friend has no claim to collect the $10,000 from you. We handled an estate once where a daughter in law claimed she gave her mother in law cash to purchase herself a new hearing aide. There was no proof...no sales receipts, promissory note, cancelled check, etc. The daughter in law just asked our office to repay the sum she "claimed" she'd given to her MIL. Our office handled the Estate checking account for the executor, paying all of the legitimate (proved) expenses. Needless to say, she was SOOL.
On the opposite side of the coin, another client claimed a deceased friend whom he'd borrowed money from had him sign a promissory note, but claimed had told him "don't worry about paying me", so he didn't...hadn't made any of the monthly payments according to the terms of the note in years. Those heirs swooped on him for the overdue payments immediately, and he had no recourse.
Last edited by Mrs. Skeffington; 10-12-2018 at 04:18 AM..
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