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This is a situation in which my much older brother has for…

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This is a situation in...
This is a situation in which my much older brother has for 20 years been taking or mismanaging inheritances that should have been mine. He admits in a letter he owes me $50K but he really owes me more than $350K. I am not estranged from him. Unfortunately he is very ill and I hope he does recover so in future I may work this out in person, however, it doesn’t apppesr he will live very long. It’s a very sad situation, but I need some information. I have not been included in his medical care or given any papers- have been frozen out. He has all the family papers etc. He has a stepson he adopted and my nephew has a son.
Submitted: 6 months ago.Category: Family Law
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1/9/2018
Family Lawyer: Infolawyer, Lawyer replied 6 months ago
Infolawyer
Infolawyer, Lawyer
Category: Family Law
Satisfied Customers: 63,006
Experience: Experienced lawyer
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Hello and welcome. I am working on your answer and will be right back!

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

when did he admit owing the money? are you asking for options to pursue a claim?

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Customer reply replied 6 months ago
Ok Thx
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

I asked a couple of questions just now

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Customer reply replied 6 months ago
In a letter about 5 years ago. I have the letter. He also writes about all of the inheritances
Customer reply replied 6 months ago
I wish to put a claim against his estate if he does pass
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

Good, the SOL is 6 years in New York. You should file in court asap within that time limit. Often the filing will lead to settlement and repayment. You could also have a local lawyer first make demand and threaten legal action. If he dies, you would sue the estate

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

Please let me know if that is clear and acceptable.

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Customer reply replied 6 months ago
I thik I will have to sue the estate but I would like to have the claim ready ~ I would still pursue it even if it was past statute. He is a lawyer and some of the wills etc he handled he defrauded the court
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

I would definitely pursue within the time permitted rather than after, since a lawyer will be aware of the sol defense

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

while alive you sue the person, if dies later the estate takes over.

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

if my replies are fast and acceptable, please reply "acceptable"

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Customer reply replied 6 months ago
If he defrauded a court th statute is longer/ also if someone admits in writing to owing an amt, not sure it is under statute bc he is admitting having owed it for many years but he had stolen from me all the documents
Customer reply replied 6 months ago
He was an officer of the court
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

admitting the debt starts the time all over!

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

The SOL is revived when one admits a debt or makes a payment.

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Family Lawyer: Infolawyer, Lawyer replied 6 months ago

Good luck!!

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Customer reply replied 6 months ago
What if he currently pays for my internetand phone- if he pays about $360 a month could that be looked st as partial settlement evenntho it is not/ or could I ask for that amt for my expected lifespan?
Customer reply replied 6 months ago
Sorry just one more
Family Lawyer: Infolawyer, Lawyer replied 6 months ago

No, it is unrelated

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Family Lawyer: RayAnswers, Lawyer replied 6 months ago
RayAnswers
RayAnswers, Lawyer
Category: Family Law
Satisfied Customers: 48,249
Experience: 30 years as a family law lawyer .
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Ray here a new expert.Did you have more followup, please just ask.

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