Hi. I was wondering if anyone here might be able to help me with a question I have.
My father passed away almost 3 years ago. Before he died, he gave his sister 15,000 dollars and told her he had been saving it for me. He told her that he knew how sick he was, and that he wanted her to hold onto it, and if anything happened to him, she was to give it to me. Well, it is almost 3 years since my father died, and she has not given it to me. She told me she doesn't have it anymore. But eventually I would get it. She also told me there is no proof of it, and I can't take her to court. My question is, Is there a statute of limitations as to when I can sue her for it. Because I have now come to the realization that she has no intentions of giving it to me? (I live in NY State.) And my second question is, can I use a taped conversation of us talking about the money for proof? I believe that is Legal in the State of NY. Is that correct? Because it is the only thing I might be able to get for proof.

Hello k:

She doesn't owe you enough money for you to hire a lawyer and have your case heard in regular court... I think you'd have a much better chance in small claims court... It's NOT expensive to have your case heard, and it's quick too.

I think the max you can sue for is $10k, but an attorney will cost you more than that.

excon

Hi Excon. Thanks for your answer. What about Civil Court? I could represent myself. I think I have heard the limit in a small claims is 5,000. Not sure. Could be different in different states. I'm in NY State.

Hi Excon. Thanks for your answer. What about Civil Court? I could represent myself. I think I have heard the limit in a small claims is 5,000. Not sure. Could be different in different states. I'm in NY State.Hello again, k:

You COULD represent yourself... But she COULD hire a good lawyer, and you'd NEVER win. In small claims court, it's just YOU and HER.

Yes, the limits vary, but I thought NY was $10k. A quick Google will answer that question for you. But, even if it's $5,000, it's $5,000 you can WIN. I don't think you can win ANYTHING in any other court.

excon

I just googled it, it is 5,000 only in NY in small claims court.
Her boyfriend is a lawyer. So I guess he would help her.
Maybe that's why she's so confident I can't sue her.
But if I had proof, like a conversation between us, Would that help my case? Sorry for all the questions. And thanks for all your answers. I appreciate it.

But if I had proof, like a conversation between us, Would that help my case? Sorry for all the questions.Hello again, k:

Don't worry. That's why I'm here...

Sure, the recordings will help. But, there's no guarantee... You're trying to enforce a will that was NEVER written, and just SPOKEN about.. That's going to be HARD to win... I'd give you a 50/50 shot... But, it's CHEAP to find out.. Filing fees and service are probably no more than $100.

excon

I'm an investigator in NY - yes, it's a "one party" State and you can admit the recorded conversation IF the Court allows it.

This is the issue, if he wanted you t. o have it, he could have keep it and put it in a will.

He could have put it in a bank account with your name on it, at his death.

He gave it to her and told her his wishes, these are not binding, She does not have to ever legally give you any money What your dad wanted to happen does not mean anything after his death legally, since he did not properly do something with money.

One problem, even with a tape (and tapes are often inadmissable because they can be doctored or you have to prove who the voices are) is that your dad could have changed or added something to the stipulation that it be for you. My mother made identical verbal promises to 3 of us kids about her jewelry and sterling silver. We tried not to fight about it but we did some.