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Quick Lawyer Question (1 Viewer)

sublimeone

Footballguy
I have been helping out the former fiancee of an ex-employee. Long story... I won't go into the details but this guy knocked her up, took money from her and her mother for a down payment on a house and then kicked her and his baby out.  Since then their attorneys worked out an agreement that stipulates custody, child support etc.... and also that he would pay both the fiancee and her mother separate lump sums as reimbursement for the down payment on the house.

The mother died on Saturday. Now this POS is refusing to pay the portion he owes the mothers estate. In his words: I am very sorry about (mothers name) she was always a nice person. I double checked with my lawyer and these were two separate transactions. Your amount doesn't double due to her passing, it's still based on our agreement. Maybe your lawyer can clarify this for you better than I can.'

She is absolutely devastated and hasn't reached out to her attorney but am I wrong to assume this is a clear cut case of BS? Wouldn't a debt like this simply transfer to the mother's estate?

TIA

 
I have been helping out the former fiancee of an ex-employee. Long story... I won't go into the details but this guy knocked her up, took money from her and her mother for a down payment on a house and then kicked her and his baby out.  Since then their attorneys worked out an agreement that stipulates custody, child support etc.... and also that he would pay both the fiancee and her mother separate lump sums as reimbursement for the down payment on the house.

The mother died on Saturday. Now this POS is refusing to pay the portion he owes the mothers estate. In his words: I am very sorry about (mothers name) she was always a nice person. I double checked with my lawyer and these were two separate transactions. Your amount doesn't double due to her passing, it's still based on our agreement. Maybe your lawyer can clarify this for you better than I can.'

She is absolutely devastated and hasn't reached out to her attorney but am I wrong to assume this is a clear cut case of BS? Wouldn't a debt like this simply transfer to the mother's estate?

TIA
Without reviewing whatever contractual agreement was put in place, the answer is probably yes. The contractual amount owed to the mom is now owed to the mom’s estate. But he may very well be right that it’s two separate transactions and the daughter doesn’t get to receive double the payment. Mom’s payment goes to the estate not the daughter (though it may ultimately flow to the daughter).  [CYA]The foregoing is not legal advice and is based on exceedingly limited information.[/CYA]

 
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Without reviewing whatever contractual agreement was put in place, the answer is probably yes. The contractual amount owed to the mom is now owed to the mom’s estate. But he may very well be right that it’s two separate transactions and the daughter doesn’t get to receive double the payment. Mom’s payment goes to the estate not the daughter (though it may ultimately flow to the daughter).  [CYA]The foregoing is not legal advice and based on exceedingly limited information.[/CYA]
Thanks

 

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