Expert: Charles W. Field - 4/10/2007

Question
My mother died March 15, 2006. As a result, I became head of her estate and was responsible for paying her mortgage. That summer I was having financial troubles and could not make one of her house payments. I asked a good family friend to borrow $300.00 to make the payment and she wrote me a check.  I made my first payment to the friend via western union in November 2006 of $90.00. The person mailed me a letter in March 2007 stating that if she did not receive the remaining money owed to her in one weeks time, she would be taking me to small claims court.  I was not able to pay the entire remaining balance of $210.00 at that time.  I did however, send her a check for $45.00.  The envelope was marked 'return to sender' and came back to me with the $45.00 check still enclosed. Can this person really take me to court over $210.00? What should I do to protect myself or prepare for court? I have not received any notices from any Michigan court regarding this issue to date.

Answer
I would hate to try to give you a reliable answer based on the facts as you have stated them. My first impression is that you may have improperly handled the estate's financial situation. If THE ESTATE (not you personally) does not have funds or income to support the house, maybe you should sell it. I would strongly advise you to consult with a local attorney familiary with this area of the law.