QUESTION

My brother paid for our fathers funeral and now wants to sue us.

Asked on Nov 27th, 2017 on Contracts - Indiana
More details to this question:
My father passed away in 2010. There are 5 of us and our youngest brother paid for dads funeral and said I'll pay and you guys pay me later. The remaining siblings just said ok. Nothing was signed by any of us and now he wants to sue us for the funeral and headstone. So my question is, can he if none of signed anything and it's been 7 years.
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1 ANSWER

Appellate Practice Attorney serving New York, NY
Anybody can sue anybody for anything, but your brother (except for the time that has elapsed, which may mean that the statute of limitations has run) seems to have a pretty good case.  Most contracts do not require a writing to be enforceable.  As you describe it, the rest of you breached your contract to share the funeral expenses.
Answered on Nov 28th, 2017 at 8:57 AM

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