My mom’s only asset is the money she lent to her friend
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
My mom’s only asset is the money she lent to her friend
She lent money to her friend before she died and she received a promisory note from that friend, which I have. I’m the only heir to my mom’s assets and properties. Her friend is refusing to pay back the debt, so I am planning to sue her. Can I sue the friend as an inheritor or do I need to become my mom’s estate administrator through probate? Ideally I don’t want to go through the probate process because that takes long. I want to file for no administration necessary petition if necessary.
Asked on December 24, 2018 under Estate Planning, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You would have to go through probate if you intend to sue her "friend" based on the promissory note: the probate process is the full process of collecting the assets of the deceased and recovering amounts due to them, paying any legitimate debts of the deceased, then distributing the remaining estate. You need to be appointed personal representative or administrator (either term may be used) of the estate and sue in the estate's name, which you can't do without administration. So you need to decide whether it collecting this debt is worth going through probate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.