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Question

I BORROWED 20K FROM MY SISTER IN 1997 DURRING A DIFFICULT DIVORCE THAT I WAS GOING THROUGH. AFTER A FEW YEARS OF SMALL PAYMENTS SHE TOLD ME TO FORGET ABOUT PAYING HER AND USE THE MONEY TO HELP MY KIDS. IN 2004 MY MOTHER ALMOST DIED, MY SISTER CHECKED OUT HER WILL AND WITHOUT MY NOTIFICATION AND WITH THE HELP OF MY BROTHER CHANGED THE WILL GIVING THEM BOTH A SUBSTANTIAL GAIN AND IN TURN A SUBSTANTIAL LOSS FOR ME. SHE THEN CALLED ME AND ASKED FOR ME TO PUT A CLAUSE TO TRANSFER MY INHERITANCE TO PAY BACK THE DEBT I OWED HER. I DECLINED, BUT MADE SOME PAYMENTS. SHE IS NOW SUING ME FOR THE 17K BALANCE .DO I HAVE A DEFENCE.

Submitted: 15 days and 22 hours ago.
Category: Legal
Value: $38
Status: CLOSED
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State/Country relating to Question: California

Posted by Jane Doe Deer 15 days and 22 hours ago.

Answer

Thank you for contacting Just Answer.

 

 

Answer: Yes, your defense is that your sister "forgave" the loan and "gave" you the balance remaining as a gift.

 

I'm concerned about what you said about your mother's will. If your mother was incapacitated at the time, you may want to contact Adult Protective Services:

 

http://www.cdss.ca.gov/agedblinddisabled/PG1298.htm

 

 

 

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15 days and 21 hours ago.

Reply

I MADE PAYMENT TO HER AFTER SHE TOLD ME ABOUT THE WILL AND ASKED TO PUT A CLAUSE FOR AN AUTOMATIC TRANFER OF MONEY FROM MY INHERITANCE TO HER . DOES THAT NEUTRALIZE HER FORMER OFFER TO FORGIVE MY DEBT TO HER. THAT I MADE PAYMENTS ON THE MONEY ORIGINALLY OWED

Accepted Answer

Yes, that probably does.

 

By the way, you don't have to listen to her in regards to your will, and, if you have a mind to, you can specifically exclude her from receiving anything. However, she could file a claim for the debt against your estate.

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Expert: Jane Doe Deer
Pos. Feedback: 98.7 %
Accepts: 
Answered: 11/5/2009

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Atty. 22 years; Plain English answers to family law, employment, landlord-tenant, & other questions

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