How do I sue an estate?

Alderbank

Brie said:

k1333333333 said:

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

I always thought a legal binding contract was required in this sort of thing but small claims online states text messages and witnesses is enough. 

Yes but text messages are that the husband is commenting on what his wife owed you.  You should see if you can find something that was between you and the wife and then the messages from the husband can follow on from that.  

In their opening post, the OP said,
'I have plenty of text interactions reassuring me I will be repaid. I have a text from my friend reassuring I will be repaid if she died (she was terminally ill)'

sourcrates

k1333333333 said:

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

I always thought a legal binding contract was required in this sort of thing but small claims online states text messages and witnesses is enough. 

Law was originally written before the advent of mobile communications, so advice has been updated to reflect this.

If the OP has already received a pay out from the estate, it would be unusual to receive another one, I appreciate the full debt has not been repaid, but a deceased debts are usually dealt with in priority order, one after the other, according to the assets they left behind, so it may be the pot is now dry, and there is nothing left to disburse.

The fact the husband has money is not pertinent, the debt vested with the wife, if all her assets have been disbursed, then the OP is just out of luck, you cannot sue an estate if the assets have all gone.

k1333333333

Yes I have a message from the wife asking to borrow money and a message from the wife before she passed away saying her husband is taking care of the loan.

i then have messages from the husband saying “I am responsible for my wife’s debt and I will pay you back” 

fatbelly

k1333333333 said:

I lent a friend money who has since passed away. She died 4 years ago. Her husband got in touch with me after she died and messaged me to reassure me that I would be repaid what I loaned. He has paid about 75% back, that was paid in the first two years after she died. But there is £4000 outstanding. He is being very vague with when he is going to lay this back and is prioritising other repayments. I am in desperate need to be paid back. My friend who died had a number of properties to her name so all the money is tied there, these are being rented out for income which is what the husband and kids are living off. I strongly believe they could make small repayments back to me and I’d prefer this to just waiting and not knowing when I will be repaid.

Any advice will be so helpful 

That's a good point from sourcrates.

However, from what the op tells us it's not clear that that is the case. You would have hoped that this would have been finalised within 4 years

So it's a bit worrying to hear that the executor is vague and is not treating all creditors equally.

Maybe he is

But if not then asking the court to rule on it seems sensible.

In the case of mis-admnistration the executor can be personally liable

k1333333333

But if not then asking the court to rule on it seems sensible.

In the case of mis-admnistration the executor can be personally liable

Please may I get clarification on the last comment?

GrumpyDil

OP. Simply put if the estate does not have enough money to pay all debts in full there are strict rules about the settlement of debts. If the executor fails to follow the rules correctly then they can be held personally liable. 

That said, if you have a text from the husband which explicitly says he accepts liability for the debt that is where I would start

Keep_pedalling

sourcrates said:

k1333333333 said:

Texts from the husband don't really confirm too much in my opinion though it would be ammunition should it get to court. And just because someone has a lot of property doesn't mean they have/had money.  The fact that she was borrowing from you suggests things may have been tight.  

I always thought a legal binding contract was required in this sort of thing but small claims online states text messages and witnesses is enough. 

Law was originally written before the advent of mobile communications, so advice has been updated to reflect this.

If the OP has already received a pay out from the estate, it would be unusual to receive another one, I appreciate the full debt has not been repaid, but a deceased debts are usually dealt with in priority order, one after the other, according to the assets they left behind, so it may be the pot is now dry, and there is nothing left to disburse.

The fact the husband has money is not pertinent, the debt vested with the wife, if all her assets have been disbursed, then the OP is just out of luck, you cannot sue an estate if the assets have all gone.

The order of distribution is, secured debt, funeral costs, unsecured debts and finally the beneficiaries, so unless the estate was insolvent (unlikely if she owned multiple properties) the full dept should be repaid. If the administrator has distributed the estate before settling the debt then they can be held financially responsible for the debt.

k1333333333

Do I fall under the category of “unsecured debts” they have millions tied up in property but are trying best to avoid selling anything so they have an income coming in from her businesses and using that money to pay off debt at a rate that suits them. 

fatbelly

k1333333333 said:

Do I fall under the category of “unsecured debts” they have millions tied up in property but are trying best to avoid selling anything so they have an income coming in from her businesses and using that money to pay off debt at a rate that suits them. 

Yes - a secured debt would be a mortgage or one secured by a charge against a property the deceased owned.

k1333333333

If the administrator has distributed the estate before settling the debt then they can be held financially responsible for the debt.

How do I hold them responsible? What rights do I have?