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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33477
Experience:  30 years experience in the practice of estate law.
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If i gave my dad money bills when he was alive can I be

Customer Question

if i gave my dad money for his bills when he was alive can I be remeburst from his estate now that he has past. how do I apply toget it.
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
My condolences for your loss.
Was there any written agreement stating your late father was to repay you?
Was the money originally given as a gift?
Customer: replied 2 years ago.
at the time he only had social security and it was not enough .I found out that the amount I had been giving for rent was not enough to cver all his bill .I travel for several mounths at a time .for two years I was in Alaska and had apartment there for two years . my budget could not support it any longer so I moved back .at that time my dad tells my sister I never give him any money ever . he was 85 when he die last year .so my sister tells me to prove that I have provided him money .That is the first time I made review of the amount of money ihad given him. For those first three years it was over $7200.00 a year .He only got 9980 ayear from ssi and that was it .Nine months before he died he found out that he was elegible for military retirement and got 16 months of back pay 60,000 and then reciveed 2990 plus his ssi amonth. so he could afford to pay me back but I never ask him to .he did move to evertt before retirementwas discovered , he pay my sister husband back 15.000.00 for his first year rent in a seniors community
Customer: replied 2 years ago.
I have all the checks money orders and record of cash given him it just seems right and would be be quite ablessing .my sister is telling me he died broke and told him not to tell me about the money he received and is unwilling to send any of my brother or sisters copy of his will that say to divid e by seven that money .I told her 9 months ago to send me acopy of will .she said what for you do not need it .I tell her to send me a copy or I get attorney to get for me
Customer: replied 2 years ago.
not gift I think he just expecided me to pay bills but it was really I loved him and gave him the money when he asked
Expert:  Loren replied 2 years ago.
Thank you for the additional information.
Any interested party may file a petition to open probate. If no one has yet done so, you can retain local counsel in the county where your father resided on his date of death and open the estate. You would then ask the court to order your sister to produce the will in her possession under a threat of being held in contempt of court.
If an estate has already been opened then you have 30 days after receiving notice or 4 months after publication to make a claim for repayment of any loans made to your father. Remember, however, that the burden of proof is on you to show that your father agreed to repay the money you gave and you did not intend that it be a gift.
As far as the will, if your sister has had the will admitted to probate then it has been filed and is a public record which you can order a copy of. Simply contact the clerk of the probate court to get a copy.
I hope this is helpful to you.  If you have follow up questions feel free to ask.  It is never a problem.
Best regards.