Legal Question in Wills and Trusts in California

Collecting a debt from relative recieving Money from probate

My fathers will just went through probate. Before he died my mother and him loaned my brother money to buy a car and motor home. The money was never paid back and now that dad has passed away my brother feels he does not have to pay back the money. Through dads will he is recieving money. Is there a way that my mom can put a lean or do something against my brother in order to obtain the money he owes her?


Asked on 10/26/01, 6:12 pm

2 Answers from Attorneys
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Collecting a debt from relative recieving Money from probate

Thanks for your posting, and apologies for the length of time it took for you to get a response.

Your question has little to do with probate. You (or your mother) do, however, have the right to sue your brother or demand repayment through civil court, in a small claims or civil lawsuit.

I hope this helps, and if you need legal representation, or have further questions, please feel free to call me anytime, toll free, at 1-877-568-2977, or email my office.

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Answered on 11/23/01, 3:49 pm
Ken Koury Kenneth P. Koury, Esq.

Re: Collecting a debt from relative recieving Money from probate

a claim must be filed with the probate court.

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Answered on 11/22/01, 3:18 pm


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