How do I sue an estate?

fatbelly

You are going to ask the court to make a judgement that the executor owes you money. You have a right to do that.

The court will decide

k1333333333

This might be a tough question but if I have text messages that confirm the wife owed me money and her partner inherited her business and multiple properties and her house (the property they are profiting from) and they have admitted to me that they’re paying off x, y and z (other unsecured debts) before they pay me….what are the chances of a judge making them pay

macman

k1333333333 said:

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” 

There is nothing to stop the executor from changing their mind. They are not legally liable for their wife's debts, and I see no reason why they cannot retract that voluntary offer to repay you if they wish to.
Their only potential liability is as an executor who has mismanaged the estate-not as the widower of the debtor.

silvercar

If it is a provable debt, it should be paid out of the estate. You shouldn’t have to wait longer than the time it takes for the executor to liquidate the assets, if there is no cash available.

k1333333333

silvercar said:

If it is a provable debt, it should be paid out of the estate. You shouldn’t have to wait longer than the time it takes for the executor to liquidate the assets, if there is no cash available.

What by law is seen as a “provable debt” 

k1333333333

macman said:

k1333333333 said:

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” 

There is nothing to stop the executor from changing their mind. They are not legally liable for their wife's debts, and I see no reason why they cannot retract that voluntary offer to repay you if they wish to.
Their only potential liability is as an executor who has mismanaged the estate-not as the widower of the debtor.

But they would be liable for things like a mortgage?

HHarry

k1333333333 said:

macman said:

k1333333333 said:

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” 

There is nothing to stop the executor from changing their mind. They are not legally liable for their wife's debts, and I see no reason why they cannot retract that voluntary offer to repay you if they wish to.
Their only potential liability is as an executor who has mismanaged the estate-not as the widower of the debtor.

But they would be liable for things like a mortgage?

 The Husband would only be legally liable for the Mortgage if he was named on the Mortgage.

 The Executor is responsible for ensuring all the debts are paid.  The Husband may be the Executor, but you really need to confirm that.

silvercar

k1333333333 said:

silvercar said:

If it is a provable debt, it should be paid out of the estate. You shouldn’t have to wait longer than the time it takes for the executor to liquidate the assets, if there is no cash available.

What by law is seen as a “provable debt” 

You provide proof of the debt to the executor. They either accept it or if not you can take the estate to court. The fact the executor will know this and know what evidence you have should mean they act honourably to avoid the costs and potential publicity of a court case.