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    Charlean's Avatar
    Charlean Posts: 1, Reputation: 1
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    #1

    Nov 7, 2013, 05:35 AM
    Small claims
    I AM ADMINISTRATOR FOR MY BROTHER ESTATE. His exwife is trying to claim several old vintage cars at his home were stored there for her after his divorce. The probate lawyer denied her claim so she took me to small claims court. Me, personally. Not as admin. Can she do that? The judge didn't care that she had no proof, he gave her the cars. I had sold one for 3K and there isn't enough money in this estate to pay for the car and the lawyer and other bills. Can this legally go against me personally?
    joypulv's Avatar
    joypulv Posts: 21,591, Reputation: 2941
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    #2

    Nov 7, 2013, 06:03 AM
    What state?
    She had no titles, no divorce decree, nothing? Did you have the titles?
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #3

    Nov 7, 2013, 06:12 AM
    You should have moved to dismiss the small claims suit on the basis that you, personally were not the real party in interest and should now appeal.

    If there isn't enough money in the estate to pay a $3,000 judgment (leaving aside the question whether the estate could properly pay a judgment against you personally), what were you thinking when you hired an attorney to represent the estate?

    Were you not required to post a bond as personal representative?
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