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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22977
Experience:  38 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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An estate issue one loan superseded another but the only way

Customer Question

An estate issue one loan superseded another but the only way to prove it is a search of my parents financial records but the executors of the estate will not do that search and are telling me I must pay it is for $145000 I'm a mum on my own with a special needs child what do I do?
JA: PayPal, Debitcard or credit card are all fine.
Customer: I have $76 to last me until Tuesday
JA: What state are you in? It matters because laws vary by location.
Customer: I'm in new zealand
JA: Has anything been filed or reported?
Customer: I've given a written explanation and asked them to please check my parents financial records but they simply refuse and send me letters asking me to sign saying I owe this money which I've refused to do
JA: Anything else you want the lawyer to know before I connect you?
Customer: So far I've manage to get the debt down from 620,000 to 317000 through proving inaccuracies but the 145000 issue can only be proved by a search of my parents records as my copies have been lost whatever happens I will have to sell my house but I'd like to only pay back what I truly owe
JA: PayPal, Debitcard or credit card are all fine.
Customer: I don't have money should I be getting legal aide?
Submitted: 4 months ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 4 months ago.

If you are not working you will get legal aid. The trustees will need to sue you to recover this money, and as part of the litigation they will need to make the records available. So you should reply stating that you refuse to discuss the repayment until the records are made available, and that if they want to sue you, then you will be entitled to see the records by the process of discovery as of right. So therefore you should suggest they provide the records to avoid litigation and you will be able to identify any errors in their claim.

Customer: replied 4 months ago.
Thankyou it has helped clarify it quite nicely.
Expert:  Chris The Lawyer replied 4 months ago.

Thank you for the reply. You may ask further questions or rate this answer when you are ready.