If my brother owed my father $24,000 bucks and my dad died, canI sue my brother for my portion of what is owed to the estate?

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If my brother owed my father $24,000 bucks and my dad died, canI sue my brother for my portion of what is owed to the estate?

Asked on February 1, 2012 under Estate Planning, Texas

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss and for the situation.   The debt owed by your brother is in fact owed to the estate upon your Father's death.  But I am hoping that there is some evidence of the debt owed or that your brother is acknowledging it.  Otherwise it has to be proven in other ways. You may need help with this.  Also, I am assuming here that you are the executor of the estate who is the only person that may sue on the estate's behalf.  Good luck.  


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