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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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The father of my wife died in June. There estate is in probate. My

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The father of my wife died in June. There estate is in probate.

My father in law, back in 2008 had a nervous breakdown,and so i lent him 5,000 . He was out of control, threatening, worried and said things that scared even my wife.

I gave him the money. However, no documents were signed. I only have the cancelled check and a tape where I recorded his threatening demeanor.

Do i have any chance of having the money returned. Is it up to the trustee or the judge to decide. If the trustee agrees to the claim, but the other sibling (beneficiary) objects, than what?
Welcome! Thank you for your question.

Do you have anything in writing, orally or through testimony of others that shows the father agreeing to pay the money back at some date in the future?
Customer: replied 3 years ago.

The trustee, my wife, would attest but the other siblings might object and say it was a gift. Should I just forget it

Customer: replied 3 years ago.

The trustee, my wife, would attest but the other siblings might object and say it was a gift. Should I just forget it ?

The trustee does have the authority to make the decision on whether there is enough proof that the debt is valid. However, if the trustee pays the debt without sufficient proof she sets herself up for an action by the beneficiaries for breach of fiduciary duty.

Without sufficient proof and the only witness being your wife and the trustee, she would be paying you back on very shaky grounds.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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