Sister Is Threatening To Kill Mother And I Over Student Loans ?

2019-01-28 2:17 pm
I've secured a contract with my lenders to make timely negotiated payments for the remainder of this year. Once the year is up, my sister will no longer be the liable co signer of my student loans from over 10 years ago.

What bothers me is My mother has cancer. She also has a very high death insurance policy and owns 2 homes, something she spent her entire life building. My mother has requested in her will that all the funds, and properties be forwarded to me and that my sister is restricted from her funeral proceedings . My sister does not like this and has threatened to sue me in court after my mother dies for a piece of the death insurance and one or both homes.

My sister states she will use the student loans as an excuse to sue. claiming her credit score was effected by them and that my mother and I are to blame. She wants to "make up " for her losses and the "emotional suffering" she has undergone . My sister believes the courts will side with her because she is a woman with children , and I am a single white male.

My mother is afraid for me after she passes and wishes there was something she could do to protect me from her , but what? even after i get my sister off the loan contract, she still wants to sue me . These student loans are a nightmare. Is there a limit on how much she can take ? i a 5 grand student loan with her , could she take two homes and most of the death insurance money ?

that would kill my mother and I emotionally if that happened.
更新1:

I have 5 grand in student loans , co signed by my sister. can she actually sue me for most of the death insurance and both homes ? it seems unfair, but most people tell me it is possible

回答 (9)

2019-01-28 2:29 pm
Your sister sounds like an entitled, greedy brat - possibly the reason why your mother plans to not leave her anything. One clause alone in her Will will prevent your sister from suing and obtaining anything that the Will does not specifically leave her to. It is called an "incontestability clause". Tell your mother to call her lawyer and ask if her Will has that clause in it, because she wants to prevent your sister from suing you and causing a whole lot of grief after she dies. Then, she should make sure herself, or you can if she will show you her Will. The clause states that anyone who contests the Will, gets nothing. If your mother's Will does not contain that clause, she should tell her lawyer to draft a codicil with such a clause and go in and sign it. If she doesn't and the clause isn't there and your sister sues, the assets will be eaten by lawyer's fees. The only winners will be the lawyers. It happens all too often. To settle your mind and your mother's, she should set an appointment with her lawyer regardless and ask her lawyer a few questions so that she knows her daughter can't do what she is planning on.
參考: Certified Paralegal, with 25+ years' experience.
2019-01-28 2:20 pm
I think that you and your mother need to speak with a lawyer now.
2019-01-28 2:21 pm
Don't ask a complicated legal question here, find a good estate attorney in your state to protect you and see what your options are.
2019-01-29 8:37 am
nnaybe you should talk to a lawyer about all this
2019-01-28 8:32 pm
Anyone can sue anyone else. And of course she thinks she will win or at the very least make sure to play it with you that she could win and take everything unless you play ball now. So let her sue. The worst that would happen is that she gets some of the estate, but MAKE HER WORK FOR IT.

Honestly, there is a will in place and courts almost always side with the wishes in the will.

In regards to the student loans. It sounds like she co-sign for them. She signed the paperwork and understood what she was doing. She can't now come back and say it was a mistake.

The major issue here is the well being of your mother and making her last time on earth peaceful. Honestly, if she sued, I would point out that the reason your mother didn't put her in the will is because of the way she CONTINUED to treat her when she was dying.

If this is major concern, PLEASE see a lawyer and review your and your mother's rights and to make sure the WILL is 100% iron clad.
2019-01-28 2:26 pm
Lol
2019-02-07 8:01 am
I don’t know that she’d win such a lawsuit. But if you were smart you’d have long since called the police about the death threats.
2019-01-31 11:50 pm
One thing about student debt is you aren’t expected to pay it if you don’t generate income because if a bankruptcy can’t discharge it then there’s no gain in filing for one if you can’t pay it. You just agree for life to have 10 percent of income go to it and enroll in loan forgiveness programs
2019-01-31 7:28 am
There are obviously more issues in the past that is causing all this anger on the part of your sister. I agree with others, if there is that much money at stake, you should spend some money and get the advise of an estate attorney ASAP.
In general, you can sue anyone for anything and battle it out in court, but there are steps you can take to make it much more difficult.
An estate attorney may advise you to form a durable irrevocable trust, this would make things far more difficult and costly for your sister.
Lastly, if your sister has actually threatened to kill you and if you are able to provide any evidence, make a police report.
Even if nothing becomes of it, you are setting the stage for the future.

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