QUESTION
Do I have any legal right to take someone to court for money owed in a promisary note to my deceased ex-husband ?
Asked on Oct 02nd, 2013 on Breach of Contract - Delaware
More details to this question:
Gentleman borrowed money and signed a promisary note to repay. Ex husband passed away on April 24 and on April 23 rd the gentleman who borrowed the $ 5100. 00 said he was gonna pay back the money he borrowed .I have tried to make contact with him by phone and then by certified mail (return receipt) along with a devised payment schedule. He signed for letter but never made contact nor did he send a check. I feel this money is still owed to the estate of my ex- husband which was left to his 2 children. I think he feels he is deceased and he doesn't owe anything.
1 ANSWER
Technically, no. If the money is owed to your ex-husband's estate, it is the estate (i.e. whomever has been appointed by the Court as the executor/executrix or administrator/administratrix of the estate) which can bring suit, not you. In some circumstances, the direct beneficiaries of the estate (i.e. his two children) may be able to sue directly, but I am not sure if they can do so under these circumstances in Delaware. If so, however, and if the children are minors, you may, if you are their guardian, be able to sue on their behalf.
Answered on Oct 03rd, 2013 at 2:44 PM