Saturday, February 22, 2014

Someone sells property a year before they die turning the money they got over to you at the time of the sell. After they died can you be sue...

Question

Someone sells property a year before they die turning the money they got over to you at the time of the sell. After they died can you be sued by the estate for the said money?



Answer

You have asked this question before. Why don't you put forth the relevant facts so that an attorney can assist you? As phrased the question makes no sense. Why would the seller turn over the sale proceeds to you? Was this a gift? Or a bailment of some kind? Or did you have a financfial power of attorney?

If the seller made a gift to you of the money, then its yours to keep. If this was not a gift, then why do you think you are entitled to keep the money?

When was the money placed in your hands?

Anyone can be sued at any time for any thing. However, most litigation does not start with a lawsuit. There is usually a written demand for funds. Have you received a letter from a lawyer? If so, then you need to (a) come clean with the facts and (b) get your own lawyer to (c) draft a response before a lawsuit is filed. If ownership of the money was never yours and you spent it, then you need to return it to the estate and pershaps the lawyer can assist with that. If this occurred many years ago, then maybe you don't if the statute of limitations would bar collection of the money. But if the money was validly given to you to keep then maybe you still need to see a lawyer to explain to the executor why.

Either way, you need to see a lawyer.



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