If my late sister owed me money from our father’s estate, do I have a possibility of getting it from her and his estate?

UPDATED: Oct 1, 2022

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If my late sister owed me money from our father’s estate, do I have a possibility of getting it from her and his estate?

My father passed away two years ago in NJ. He had a small estate that by law went to me and my sister equally. She was going through a tough time financially but expected a settlement to come through. I told her to take her time and pay me my half once she was back on her feet. She passed away a few months ago and her husband was supposed to pay me but did not. I have never received one payment and the money from my father’s estate went in their bank account. He just also passed away and now his daughter is selling everything, including their home. Can I go after the estate fo my portion owed to me from my father’s estate that was never paid?

Asked on October 20, 2018 under Estate Planning, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you had a written loan or similar agreement with your sister by which you loaned her the money and she would repay at a certain time but failed to do so, you could sue the estate for the money; when someone dies, those whom she owed money may seek it from her estate. But without an actual written loan agreement confirming that the money was a loan and not a gift and stating that she would repay it, you will be unable to get the money from the estate: you have no evidence of any debt owed to you.

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