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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 34305
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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My mother died January 3, 2013. I am the executor of her

Customer Question

My mother died January 3, 2013. I am the executor of her estate and my two brothers asked me to be power of attorney. We sold her land and I distributed the proceeds equally to each in November 2012 before she passed away. I asked them before releasing the money to them which was a total of about $1.2 million each, that if more money was needed to take care of mom and her debts that we all agreed to put equal amounts back in. Both brothers verbally agreed. Since her death there is an outstanding amount of about $300,000 of debt that now they will not put money back in to pay, mainly because it's debt owed to me. They have not talked to me now for over a year and we were always very close. They hate me!
There's more to this story but let me get to the question. Both of my brothers borrowed money from mom. One brother borrowed $24,000 and the other brother borrowed over $180,000. Neither of them brought any of this information to the closing when we sold moms final piece of land and therefore was never paid from their portion of the money given them
Moms will states:
Any child indebted to her at the time of her death, is to be deducted from their portion and added back in and distributed equally to all three children.
They never paid back their loans and they have no intention of doing so.
However, they are mad at me for asking them to pay me back what is owed me (I gave documentation to support my amount owed) and this does not even include their loans that would be divided.
Is there anything I can do?
Is there a statue of limitations with something like this?
I am heartbroken they hate me and yet I am angry that they do not want to pay me back or honor moms will and pay their debts back to be divided between us.
What can I do?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Is mother's estate still open?

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Is there documentation showing the loans to both brothers?

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If so, how long ago did they borrow the money and was there any agreement to repay it?

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Are you saying that there was not enough money in the estate to pay all the estate debts after mother passed?

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Why does the estate owe you money?

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thanks

Barrister

Customer: replied 1 year ago.
This old you there was a lot. Let come try to explain
Moms estate gas been closed, a few. Months ago.
Only documentation for loans to brothers are checks.
Ronnies loans two checks $10,000 and $14,000
Rickie's liana mostly in checks at $25,000 each multiple and 2 checks and $35,000
No other written documentation.
Ronnies loans were within last few years of moms life so about 2011-2012
Rickie's loans have been from gosh about 2009-2013. He wasn't working so he was always borrowing lump sums from mom.
Finally we. We're facing a tax situation with the land sake and the end of the year with fear Obama was trying to change tax inheritance laws. So we decided to divide the majority of moms estate equally to avoid tax consequences keeping 500,000 in her estate to pay for her debts, expenses, and taxes owed from land sale. I had a loan agreement with mom and dad signed by all three of us in the amount of $175,000 such was to accrue 3% interest and to not be laid until the final sake of the land.
I gave an attorney he said it was all ligite what find know it us. Bit I did not keep enough money to cover that agreement mainly because we all agreed to put money back if neededHope you can understand what I'm saying.
Customer: replied 1 year ago.
Please excuse my typing I'm on my iPhone
Expert:  Barrister replied 1 year ago.

Ok, if the estate has been closed, then it would be difficult to pursue any claim against brothers because it would be the estate that was potentially owed the money after mother passed, assuming that the loans could be documented as loans (i.e. it says "Loan" on the check) and there was an agreement to repay only upon mother's passing.

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So when you closed the estate, you would have had to have represented to the court that there were no assets outstanding that could have been used to pay any estate debts.

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When the money was divided during mother's lifetime, that takes it out of her estate and makes it an intervivos gift. So once everyone got the gifts, then they aren't under any legal obligation to kick it back unless they feel morally compelled to do so because any promise to pay mother's debts would be an unenforceable gratuitous promise.

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The bot***** *****ne is that if the estate is closed, then you as an individual wouldn't have any legal way to compel them to repay the estate unless you had something in writing where everyone signed agreeing to do so. Then you would have to file a motion to re-open the estate and then explain to the judge why you didn't bring up this agreement previously when the estate was open so he will agree to re-open the estate so you could pursue suing brothers for breach of contract.

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thanks

Barrister

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