Does this lawsuit have any chance?

[trackmaster]

What is the name of your state? Georgia
My uncle passed away. He had a will and everything was in order. A person that was his so called friend has filed a lawsuit against the estate. It originally was for $5,000.00 but now he has changed it to $40,000.00. He claims it is for work he had done for my uncle over the last 15 years. The funny thing in all of this is that we have a signed note with designated collateral where my uncle had loaned him $4000.00 and he owes the estate. We know my uncle did not owe him anything, (he did not owe anyone anything). He has no proof of his claim other than his word. Do you think he has any chance of actually winning this ridiculous suit?

 

[BlondiePB]

What is the name of your state? Georgia
My uncle passed away. He had a will and everything was in order. A person that was his so called friend has filed a lawsuit against the estate. It originally was for $5,000.00 but now he has changed it to $40,000.00. He claims it is for work he had done for my uncle over the last 15 years. The funny thing in all of this is that we have a signed note with designated collateral where my uncle had loaned him $4000.00 and he owes the estate. We know my uncle did not owe him anything, (he did not owe anyone anything). He has no proof of his claim other than his word. Do you think he has any chance of actually winning this ridiculous suit?

What has YOUR attorney said about this?

 

[trackmaster]

To be honest Blondie, I don't know. The family member that has been in contact with the attorney is hard to get a clear answer out of. I am trying not to interfere but the result of this case will affect my wallet as well.

 

[Dandy Don]

If he has no signed agreement with the decedent to do the work and no past history of payments from the decedent for work done, it is likely that his claim will be seen as frivolous and thus disregarded. What type of work does he claim he did and did he send the decedent invoices while decedent was alive?

DANDY DON IN OKLAHOMA (tiekh@yahoo.com)

 

[trackmaster]

Thanks for your response Dandy Don. The type of work was miscellaneous things like repairing a tractor, welding broken farm equipment etc. His ex-friend was doing handy work which was not even what they guy did for a living. He does not have any signed documents or invoices unless he has forged them since my uncle's death. The only signed document is the IOU that my uncle had where he had loaned the crook money. The sad part of this is that my uncle thought he was a good friend. It is truly unbelievable how greedy and sorry people are when it comes to money. What makes me sick is that he would drag my uncle's great name through the mud after his death. I hope he gets his due in the end.

 

[BlondiePB]

The type of work was miscellaneous things like repairing a tractor, welding broken farm equipment etc. His ex-friend was doing handy work which was not even what they guy did for a living. He does not have any signed documents or invoices unless he has forged them since my uncle's death. The only signed document is the IOU that my uncle had where he had loaned the crook money. The sad part of this is that my uncle thought he was a good friend. It is truly unbelievable how greedy and sorry people are when it comes to money. What makes me sick is that he would drag my uncle's great name through the mud after his death. I hope he gets his due in the end.

Even though what you have described is frivilous, anyone can sue another person or estate. The ex-friend here will have the burden of proof. Even if the ex-friend should claim "caretaker" consideration, the ex-friend still has the burden of proof for the claim. The attorney for the estate and the executor do need to handle this, trackmaster.

 

[trackmaster]

Thanks Blondie. By proof I assume you mean documentation, not just what he has to say. He would need something signed by my uncle, not just an invoice he could have created at time, correct?

 

[BlondiePB]

Thanks Blondie. By proof I assume you mean documentation, not just what he has to say. He would need something signed by my uncle, not just an invoice he could have created at time, correct?

Yes, he requires documentation. He can "create" whatever he wants. His biggest problem lies with a written agreement/contract for the "work repairs" signed by the uncle.

 

[trackmaster]

Well, the good news is that I know he does not have any documents or contracts signed by my uncle unless he forges them. Thanks for your input on this situation.