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maimatt7 | I loaned my friend over $8,000 just two months before he died suddenly 3 weeks ago. Can I recover the loan? |
He wrote up a contract to repay me within 2 weeks of the loan, expecting a big compensation check that never came in time. He was in desperate need to buy a truck, tools, etc. No will, no savings account, no credit card. He has a sister and fiance that say he owed them money too. He has a 17 year old child, they say he gets the truck that I bought and I get none of his possessions. What do I do? New York State, USA. |
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Weatherman
 |
You get a lawyer.
Creditors have to be paid from the estate before anyone inherits anything |
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unknown friend
|
You may have to sue his estate, and without a will the State will be handling his estate and will appoint an executor.
Get in touch with a lawyer to find out how to proceed.
Sorry for your loss! |
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muncie birder
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If someone dies, their executor is responsible for paying their debts from the assets that they possess. In your case, since you have a contract, you do have recourse to the courts. The only problem is that for what you would likely receive and the hastle it is going to cost you, you might better write it off. I am no lawyer, but I think your first step is to see one. |
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Tweeter
 |
You should not give out $8,000 to people! |
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Muledancer
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File your claim and supporting paperwork with the executor of his estate and with the county court. |
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Bubba
|
Yuck... thats a tuff one. You may want to talk to a lawyer. I would think that someone will take over his estate and will have to pay his debts. You will probably have to prove it in court though. I would talk to his parents if you can, or his closest family member that would take over his estate. |
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magnet4trouble
 |
ny?
should just be able to put a claim against his estate.
if he has nothing, though, you are probably out.
hope he had life insurance..... |
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Expert Realtor
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You can file a suit against the estate, if you have a written contract. Do it soon before they divide his assets. |
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sad_angel_eyes_4u
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if i were you i would just mark it up as a lose because by the time you go get a lawer and all that your going to have more money in it then you loaned him and really you will be losing more then b4 |
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itstimeforachance
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You have to sue his Estate to get that money back that is---if he had money or life insurance. Since you are in NY---take this case to the people's court feedback@peoplescourt.com
Who knows you might win the case. Someone collected on a loan from their dead father. You see Person X gave a loan to Person Y. Person X died. So Person X's family Family A decided to sue Person Y. Person Y said that because Person X is dead that he doesn't have to repay the loan. Family A won the lawsuit because they a promissory note (basically the loan contract) that Person Y signed. |
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wizjp
 |
Contact the probate court and ask that you be given the paperwork to file a claim against the estate if it is filed.
Not much else; can't sue a dead man. Sorry |
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John M
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file a claim against his estate in probate court in the county he lived in |
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TomT
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I would think you could sue his estate, but more likely you're out the amount of the loan. Talk to an attorney. |
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juliett858
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if he had any assets, you need to go to court and put a claim against his estate, the sooner u do this the more chances you have to collect.
good luck |
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hottotrot1_usa
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Get a lawyer. |
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Addison
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I gu ess if you have a contract you can get the truck back ...like a repossession |
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brokerstorage
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If you have a written contract take it to the police, and go to small claims court. |
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eightieschick37
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No |
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CAT
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Get a lawyer if you want to. DO you NEED the 8K back?? I mean, if you were a good enough friend to loan him the money, maybe you would be good enough to let the kid have the truck or maybe pay it off slowly? |
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