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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My mother died and in her belongings she had cancelled checks

Customer Question

My mother died and in her belongings she had cancelled checks and a few bank statements with circled amounts or on checks had written loan to Jim, (my brother) he says now that she has passed he owes nothing, is that true? Are the checks and notes enough to show he owed her. She told me he owed her lots of money
Submitted: 2 years ago.
Category: Legal
Expert:  CalAttorney2 replied 2 years ago.
I am sorry to learn of the death of your mother.A creditor's death does not cause the debt to be cancelled. The debtor still owes the debt to the estate. The notes and cancelled checks are going to be weak evidence, but they are still evidence of a debt. Unfortunately, you cannot represent your mother's estate in court (unless you are a licensed attorney). You can hire an attorney to prosecute a breach of written contract case against your brother on behalf of the estate. However, short of filing a lawsuit, you can try to mediate the dispute with them - contact your local bar association and request referrals to mediators, a third party neutral can often help you reach a mutually agreeable resolution. Use the bar association's referrals to contact a mediator or two, the mediator will then contact the other party to set up a mediation session, and you can go from there - hopefully resulting in a formal or written settlement agreement, and save yourself the time and expense of litigation.