Legal Question in Administrative Law in New York

Law suit against administrator of the estate
Hi, please help. My father passed away couple of months ago. He had an brockerage account (stocks) that were under his name, as per surrogate court my mom became an administrator of the account. Now, my Fathre's ''friend'' claims that my dad borrowed a large amount of money from him and never paid him back. There are no notarized papers other than copies of the checks that were written out for my dad from his friend. This so called friend is threatening to sue my mom if she does not pay him back. This guy is from CA, we live in NY. Question: Will he be able to get anything from my mom if there is no legal proof of that money being borrowed? Is he able to go after my mom's personal possessions or the estate account is all he could go after? What if my mom empties the estate account , can she be penalized for it? Thank you very much for your time.

Asked on 2/17/06, 7:02 pm

Andrew Nitzberg Andrew Nitzberg & Associates

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Re: Law suit against administrator of the estate

My condolences on your loss.

Please be assured that any 'promise to pay money must be in writing to be enforceable'.

That means, unless there is something in writing indicating that your father had a debt, the claim will not be enforced by the NY courts.

Answered on 2/23/06, 4:22 pm

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