Legal Question in Civil Litigation in California

my brother killed himself,and owed me monie for staying at my house with his son for over a year,he promised to pay me when he got his settlement and now he\'s gone,I have wittness to prove that we had a arangement,and I even asked his 2 kids to sign and date a IOU stating that he owed me and that they would make good on the debt when they received their inhertinace, but now they are singing a different tune. Please help me, I just dont know what to do anymore, Im not trying to take advantage of the situation but when I allowed my brother and his son to stay with my family I lost my section 8 housing, and Im already on SSI due to my chronic illness. so what should I do? Thank you for your time and wisdom. SINCERLY STACY WRIGHT


Asked on 7/30/09, 3:06 am

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

I'm sorry for your loss.

You need to make a claim against your brother's estate. Waiting until the estate has been probated and then trying to get the funds from his children won't work. Even if it would, by the time they get their money they will have had to pay taxes on it. If the money goes directly to you then they won't be taxed on your portion.

You will need to act quickly, since there is a time limit on claims against an estate. Offhand I don't know how much time you have. Additionally, you haven't said how long ago you learned of your brother's death.

I suggest re-posting this question (without your name) under probate and/or estate law.

Good luck.

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Answered on 7/30/09, 3:11 pm


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