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Richard, Attorney
Category: Legal
Satisfied Customers: 55607
Experience:  Attorney with 29 years of experience.
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My husband is being sued by his sister he received

Customer Question

My husband is being sued by his sister for monies he received from a family members estate. The courts are siding with the sister and he has to pay her the monies. In the settlement they are requesting that I as his wife sign the settlement agreement and we both are to agree that we will not file bankruptcy. We do not have the money or access to the monies about 200K. I just had a chptr 7 discharge in 2011. We just had our home built last year and the mortgage is in my husband name with me on the quit claim deed. We were married in Sept 2012 and I believe he inherited the estate in Nov 2012. My husbands atty has instructed me to seek separate legal advise regarding signing off on the settlement agreement and agreeing not to file bankruptcy. What do I have to do with this whole situation?
Submitted: 1 year ago.
Category: Legal
Expert:  Richard replied 1 year ago.
Good morning. My name is ***** ***** I look forward to helping you. Can you provide me a bit more information? Did you benefit from this money in any way? Are they alleging fraud of some sort by your husband? When you say the courts are siding with the sister, has there already been a judgment issued and now the sister is willing to settle that judgment? If there was a judgment, how much was it? Thanks.
Expert:  Richard replied 1 year ago.
I just wanted to let you know that I will be away at a meeting for the next hour or so. Should you follow up while I’m away, I will address it immediately upon my return. Thank you in advance for your patience. I apologize for any inconvenience.
Customer: replied 1 year ago.
We took care of his aunt before she past away. While she was in our care we went to Hawaii and got married. Other than that I did not personally profit from the monies. We recently built a new home which we both borrowed from our 401k plans to make the downpayment. The mortgage is in my husbands name alone with the quit claim deed to me. They argued that she was not mentally competent when she signed her will in 2009. The will stated that his mom would be the benefactor and then him. Unfortunately their mom passed away before her sister which made him. At the time the aunt was in the beginning stages of Alzheimer's. I know that my husband had witness testify regarding her state of mind when she signed the will but that did not deter the judge. There was a hearing to determine whether or not he would go to trial and the judge strongly suggested that he not take it to trial as it would not end up in his favor. The sisters attorneys has written up a settlement agreement that they want us to both to agree to. I'm not totally sure how much money was involved as number keeps changing. My husband says it was about $280k and a home worth less than $40k. They are requesting $200k. My husbands attorney emailed last evening a copy of the settlement from them. One of the things they wants to agree to is that he and I will not file bankruptcy. His email also suggested that I get a separate attorney to advise me regarding signing the settlement, agreeing to not to file bankruptcy and switching the deed to my husband. Frankly we do not have the money and do not qualify for any equity and it would be necessary to file bankruptcy.
Expert:  Richard replied 1 year ago.
Thanks for following up. I would not sign this if I were you. This was not your money? These were not your actions. You took no part in this and this is between your husband and his sister. If your husband wants to sign something to settle this, then that's up to him, but you did nothing wrong and were not involved and I would tell them as a result, you are not willing to sign anything giving up your rights.