5 Comments Wills, probate, letters of administration, powers of attorney
I'm sorry no-one has replied til now. I can't help you either.
Sounds like this person is being unreasonable but I don't know what remedies there are. Is it worth throwing more money after it? I would suggest a lawyer's letter asking for payment but that will cost you $$. Pretty much anything will cost you $$. I don't know if Small Claims could help but it would cost you $$ too.
How desperate are you for the $500?
Maybe you should spend the $$ on an ad in the local paper commemorating the client? I'll bet the son won't waste a dime on his late father.
Thanks for your response. Much appreciated.
I am trying to find out what is considered as reasonable evidence for a claim such as mine in normal practice in such circumstances.
It seems to me that there is always a level of trust and good faith required with invoices and other financial transactions. If we all had to sign stat decs for every sale that didn't have a signed contract it would be a difficult economy to work in. But in this case I can see that the son is not trusting, and understand why he might wants more evidence. The existence of the computer at his parent's home and the evidence I have provided should surely be sufficient without a stat dec.
I don't think that they are being unreasonable at all. As an executor they are responsible for proper settlement/distribution of the assets, and need solid proof of any claims.
I would have thought that a standard invoice and receipt system would have sufficed for evidence of the sale and partial payment of the computer, even for a small business. Not using this basic transaction system is a risk for both parties - buyer may have issues with warranty and seller with complete payment (as per this case). It would be wise to put together a written document (terms and conditions) in future for deferred payments - unfortunately trust and good faith alone can't provide protection. Verbal contracts are very hard to prove when things go pearshaped.
Thanks for your input. Yes, certainly they have serious responsibilities that need to be carried our diligently and correctly.
An invoice was the first thing I provided, but it was not accepted. Though I suppose they are easy enough to "create" after the fact. But even with a stat dec. I am told it will then be "considered." Time will tell.
Unless they have evidence that the invoice is fraudulent then I don't think that can dismiss it on the suspicion alone that it may be. I would have thought that the invoice and receipt of initial payment would be all the evidence you need to supply. They would need to provide evidence of payments made. No evidence then (legally) it didn't happen.