Legal Question in Real Estate Law in New York

Hi, I am having an issue about money that is owed my husband. My brother-in-law (my husband's brother) sold the family homestead in June of 2009. At that time my husband was promised $3,500.00 from the proceeds. He gave my husband $1,500.00 with the promise that he still owed him $2.000.00. We still haven't received the money. There wasn't a legal contract written because it was his brother and he trusted him. Do we have any legal? Thank you, Sandy


Asked on 9/03/10, 11:37 am

1 Answer from Attorneys
Alex K. Ross Levy Sonet & Siegel, LLP

Why did your brother-in-law promise to give your husband the money? Was it an inheritance? Did they both own the property? Did they agree to split the profits after the sale? Assuming that your husband has some entitlement to the money, then you can sue in Small Claims Court. Of course, if it was simply a promise to pay which was unsupported by any entitlement or claim (what we lawyers call consideration) then you may not have an enforceable claim to the money. In other words, the $1,500 was a gift, unless your husband had a claim to the proceeds of the sale.

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Answered on 9/08/10, 11:52 am


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