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, 3:03 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

You're in a tough situation. Your options are to resolve this with his 'estate' meaning his kids, or you could sue his estate. Sounds like you have limited grounds and evidence of 'oral contract'. You could spend a lot of money [thousands of dollars] on that suit, with no assurance of success. Even if you win, will the estate have any money to pay you? You could also make a 'claim' in his probate estate, which likely will be filed by the kids so they can get his money. You have the same problem of proof of contract there, but at least it doesn't cost as much to file a claim and initiate a lawsuit. Contacat you local Bar Association or the Lawyers Referral Service or a public interest law firm to see if you can get someone with experience in probate to help you.

Read more
Answered on 7/30/09, 2:42 pm


Related Questions & Answers

More General Civil Litigation questions and answers in California