Legal Question in Wills and Trusts in Michigan
The will reads, "one-half (1/2) thereof, minus the unpaid balance, if any, of a home equity loan which I took on my home at -----, for the benefit of ---tejailey----, in the amount of $27,000, it being my intent that the unpaid balance of said loan shall first be repaid, and if not, then deducted from her share before distribution of the Estate..."
I'm Tejailey, and the estate belonged to my deceased mother. I never received $27,000 from her, but now the lawyer of the personal representative (a man that entered her life after my father died, twenty-five years younger whom all lawyers I've consulted with see these red flags but know how difficult it is to prove) is trying to collect from me. I received an interrogatory, asking how much I still owe on the "loan" and to provide documents that indicate that I've paid on this "loan". This was not my loan. I never, ever received at any time, $27,000 from her. How do I prove that I didn't pay on something I never received, especially when she's deceased? How do I begin to fight this?
2 Answers from Attorneys
They have to prove you received it. You have to defend and the best way to prove you didn't get the loan is through evidence you have. Having a lawyer representing you is vital. Kliszlaw.com. Tim Klisz
I would need more detailed information to help you with this case, however, the quoted text you sent may also reflect that the current balance is the debt. Again, the will indicates that it is a loan for your benefit. If you never recieved the benefit, it is not your loan. The best way to attack this is to obtain her banking records and the home equity loan records to see where the money went. If this was $20, that would be hard to track, but $27,000 is going to have a paper trial. Wouldn't it be interesting if the records show the personal representative recieved the money and not you? If you would like my help, please contact me at 888-988-LAWS (5297) or johntatone.com
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