how to collect on a debt, deceased person

[mertz]

Jurisdiction

Nebraska

my sister in lincoln, nebraska recently passed. about 4 years ago, i had lent her $10,000 and she was to pay me back upon her death via her will. on this will, she earmarked $10k of her assets to be immediately paid to me upon her death

problem is, the will she created is not valid. she did an online will but didn't have it witnessed and/or notarized, so her estate will be going intestate. on the side, we had drafted up and signed a contract regarding the loan, some reason I don't have a copy and her husband, who is going to be estate administrator, can't find a copy in lincoln

so, what do I do now? with no valid paperwork to substantiate this loan, how do I collect from the estate? thanks in advance

 

[doucar]

my sister in lincoln, nebraska recently passed. about 4 years ago, i had lent her $10,000 and she was to pay me back upon her death via her will. on this will, she earmarked $10k of her assets to be immediately paid to me upon her death

problem is, the will she created is not valid. she did an online will but didn't have it witnessed and/or notarized, so her estate will be going intestate. on the side, we had drafted up and signed a contract regarding the loan, some reason I don't have a copy and her husband, who is going to be estate administrator, can't find a copy in lincoln

so, what do I do now? with no valid paperwork to substantiate this loan, how do I collect from the estate? thanks in advance

You file claim in the probate within the time allowed by law and hope the administrator accepts it and pays you.
When was probate filed?

 

[army judge]

what do I do now?

Not much, if ANYTHING that you or anyone can do to collect a debt from a deceased person.

Dead people take their secrets and debts to the grave or the urn for all of eternity.

how do I collect from the estate?

Assuming the estate doesn't owe more than any assets it holds, you can file PROOF of the alleged debt with the estate administrator or administrix.

Any person desiring notice of any order or filing pertaining to a decedent's estate in which he has a financial or property interest may file a Demand for Notice with the court after the death of the decedent.

https://supremecourt.nebraska.gov/sites/default/files/CC-15-1.pdf

All creditors can file a Statement of Claim once an estate has been filed.

https://supremecourt.nebraska.gov/sites/default/files/CC-15-2.pdf

Once the claim is paid, a creditor should file a Release of Claim
https://supremecourt.nebraska.gov/sites/default/files/CC-15-3.pdf to notify the court of the payment.

Nebraska Revised Statutes governing claims against estates are §§ 30-2483 to 30-2489.

Nebraska Legislature


Additional Information: Estates

 

[adjusterjack]

with no valid paperwork to substantiate this loan, how do I collect from the estate?

I predict that the husband will get everything, you will get nothing, and there won't be anything you can do about it.

However, with $10,000 at stake it might be worth a consultation with a lawyer. Maybe if a lawyer prods the husband, the husband may make a deal with you to avoid the cost of defending the estate.

 

[zddoodah]

so, what do I do now? with no valid paperwork to substantiate this loan, how do I collect from the estate?

The will, even though not valid for purposes of probating the estate, could still be used as evidence of the debt. Your problem is that you waited too long.

"All claims against a decedent's estate which arose before the death of the decedent, . . . if not barred earlier by other statute of limitations, are barred against the estate, the personal representative, and the heirs and devisees of the decedent, unless presented as follows:

(1) Within two months after the date of the first publication of notice to creditors if notice is given in compliance with sections 25-520.01 and 30-2483. . . .; [or]

(2) Within three years after the decedent's death if notice to creditors has not been given in compliance with sections 25-520.01 and 30-2483."

Nebraska Revised Statute 30-2485(a).

 

[adjusterjack]

Your problem is that you waited too long.

The death was recent. The loan was 4 years ago.

 

[zddoodah]

The death was recent. The loan was 4 years ago.

I see what you're saying.

If folks would write properly (e.g., use capital letters), this sort of confusion could be avoided.

If, in fact, the statute of limitations quoted in my prior response has not expired, then the OP's recourse is to do what "doucar" suggested (and, if the claim in probate is rejected or ignored, then the OP needs to sue the estate). Of course, the OP's failure to mention any discussions with the sister's husband about this strikes me as a little odd.