Legal Question in Family Law in Michigan
Family member attempting to collect 7 year old debt that was not know to exist
A freind of mine had her parents divorce 10 years ago. She remained very close to her father but had a very shaky relationship with her mother.
Her father passed away a few months ago and she stands to inherit about $30,000. At this time mother and daughter started spending more time together and it appeared the relationship was mending.
My freind just received an itemized bill from her mother totalling ~$5,000 for various things that my freind had thought at the time were gifts. Items include gas money, auto repair work, clothes etc. The most recent item on the list is from 1997. There has never been a mention that these items were debts that would have to be repaid at a later date. Our suspicion is that the only reason this is being brought up is becuase of the inheritance.
Does her mother have a legal leg to stand on if this ends up in court?
4 Answers from Attorneys
Re: Family member attempting to collect 7 year old debt that was not know to exi
It doesn't appear that any money is owed. Was there anything put in writing that the money fr the car repair was a loan? If not and no payments have been made to date the statute of limitations would appear to have run. The daughter is under no legal obligation to give her mother any money on the so called "loans." Good luck.
Re: Family member attempting to collect 7 year old debt that was not know to exi
My guess is "no." Money from her Mom I believe will be treated as a gift, unless there is some evidence that it was a loan (ie. a promissory note). For more info., please contact my office at (248)851-3171.
Re: Family member attempting to collect 7 year old debt that was not know to exi
Based upon the facts that you have given, there is no debt owed to her mother. Your freind is better off using the money to seek some counseling concerning the loss of her father and to accept her mother for who she is, which doesn't appear to be much of a mother. Good Luck, Pat McCrary
Re: Family member attempting to collect 7 year old debt that was not know to exi
This is one of the best I've yet heard.
Your friend has NO legal obligation to pay for the items, and should be wary of accepting anything else from her mother until this blows over. Her mother should be told that the money is already spent. If she feels bad, she should give her mother a few bucks and tell her that is all there is.
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