Executor trying to collect money from me...

[VickyVM]

South Carolina

A friend of mine whom I worked with often had me cash checks for when when I was going to the bank for the business. He would write me checks and I would cash them at the bank, since I banked with the same company as the company we worked for and he didnt.

Well, he passed away recently, and his wife, whom he was separated from for almost a year (but not legally), is threatening to sue me for all the money she says he "loaned" me, and that she has cancelled checks to prove it.

Even if he had given me 10,000 dollars, would she have a right to sue me for this money?

 

[Dandy Don]

You kept some of the money for yourself (what he gave you) but you gave most of it to him, correct? A gift is a gift no matter what, and you do not have to repay anything. You will not have to pay anything to this executor because there are no legal grounds.

If perhaps there had been a notation in the left hand corner of the check indicating that it was a loan, then you might be liable. But since there is no written proof of a loan, then your defense is going to be exactly the truth (that you gave the money to him because you cashed the checks for him), and this executor's phony excuse about this money being "loaned" is not going to stand up in court. Aren't YOU glad?

 

[I AM ALWAYS LIABLE]

My response:

Dandy Don is absolutely correct. You have nothing to worry about.

However, I have a question.

What was the value of his Estate?

IAAL

 

[VickyVM]

I have no idea of the value of his estate, but nobody in his family will have any money problems. He had 2 houses in a beach resort area, a fat pension, and 3 life insurance policies. He told me once his life insurance policies were worth approx 250,000. Both houses only had a little bit against them, for tax purposes.

He had given me a few thousand dollars to help me with the downpayment of the purchase of my home. There were no notes on the left hand corner, and he told me it was a "gift" because he was trying to help me out. He wasnt hurting for money.

Now his wife, whom he hadnt lived with for 13 months (the 1 year waiting period was over and he was pursuing the divorce at the time of his death) and she has gone through all of his checks etc. She started questioning me, and I told her a lot of them were checks I cashed for him. Now I get this certified letter in the mail today that says it is a formal request for the return of ALL monies borrowed or solicited from him. The letter says she has spoken with the courts who have told her I have 14 days to provide her with legally certified bank records showing where I paid him back, or reimbursement to her "at this time" or that the legal process would be initiated. She keeps saying she has cancelled checks, like she is threatening me.

Im thinking this letter is a ploy to scare me.

In all honesty, he hated this woman. What little bit he gave me is NOTHING compared to what she is getting from his estate.

 

[I AM ALWAYS LIABLE]

"I have no idea of the value of his estate . . ."

====================================


My response:

Oh well. I thought perhaps you might know only because Dandy Don might have been able to give you an even better answer.

IAAL

 

[VickyVM]

She is driving me nuts

All she has are the cancelled checks written to me. She seems to think that that is evidence that i owe the estate? He wrote me these checks out of his own free will. Are cancelled checks evidence of a debt with no contractural agreement? I think he gave me this money knowing what he was going to do... He just said, oh well, you can pay me back "someday," and he said "If something happens to me its yours." But, some of the checks WERE cashed and the money given right back to him.

Can she do this to me? I feel like I am being harassed and intimidated.

I feel like I am being extorted...

 

[Dandy Don]

You have nothing to worry about. Just the cancelled checks by themselves are not concrete, definite evidence of anything except the fact that a bank transaction occurred. She knows she has no legal grounds to stand on and is just bluffing you--this case will never even go to trial. Just continue to ignore her.

 

[I AM ALWAYS LIABLE]

You have nothing to worry about. Just the cancelled checks by themselves are not concrete, definite evidence of anything except the fact that a bank transaction occurred. She knows she has no legal grounds to stand on and is just bluffing you--this case will never even go to trial. Just continue to ignore her.

My response:

Again, another absolutely correct opinion. I concur wholeheartedly with Dandy Don.

But Dandy . . . wouldn't the value of the estate make a difference in your response? There's got to be something!

Please, I need to know if the value of the decedent's estate would make a difference! Please, please!

IAAL

 

[VickyVM]

Thanks

You guys are great.

 

[I AM ALWAYS LIABLE]

Re: Thanks

You guys are great.

My response:

Thanks. But, Dandy Don is the one who deserves your accolades on this one - - not me. He's a terrific practitioner.

IAAL

 

[gowest]

Re: Re: Thanks

He's a terrific practitioner.

Could it be that "Dandy Don" is short for "Dandy Donna"...and that he is actually a she?