Inheritance dilemma...

**mombottoo** · 11-06-2009, 01:59 PM

We received a decent size check from a trust (inheritance) a little bit ago. Hubby wanted a truck so he got one and the balance of the money was invested. Now, the law firm that handles the trust sent us a letter informing us they made a mistake of $2500. and they want it back within 14 days....right!

There is no way to get the $2500 back to them in that amount of time. If we withdraw funds from the investment we will be hit with a substantial penalty and tax liability...so it's not an option.

I have no idea what to do or what to tell them...how in the world do you make that kind of an error when disbursing money from a trust account? I can pay in two installments of $1250 each, one this month & one next. But, even that is going to make things tight around here with the holidays coming and all. I am so irritated I could scream....

Any suggestions?

**shoiji** · 11-06-2009, 02:03 PM

I really don't know what to say. Just hang in there, and try to call them to get an explanation!!! All I could think of is well it is the end of year so they want their financials to look good.

**Greebo** · 11-06-2009, 02:10 PM

I'd personally start with a response, sent certified mail return receipt requested, requesting an audit report showing how their $2,500 mistake is your liability.

Then I'd be calling a lawyer for an opinion.

**TigerGirl1226** · 11-06-2009, 02:12 PM

Greebo is right. They need to prove to you that owe this money not just demand it back.

**PlainCash4** · 11-06-2009, 02:13 PM

i agree with Greebo. If you do in fact owe them that much, ask if you can pay in monthly installments

**mombottoo** · 11-06-2009, 02:28 PM

Originally Posted by Greebo

I'd personally start with a response, sent certified mail return receipt requested, requesting an audit report showing how their $2,500 mistake is your liability.

Then I'd be calling a lawyer for an opinion.

Great idea Greebo! I know human error happens, but this entire thing has me bowled over!

**Thevail** · 11-06-2009, 03:08 PM

Never believe anything a lawyer says.. especially if they're trying to get money out of you.

Think of the glorious racket.. what if they just do this to every person who gets an inheritance over a certain amount?

Say 1/2 just mail back the money.. they've got no proof that it ever goes back into the trust. And someone skims a couple hundred thou a year.

**kaurand554** · 11-06-2009, 08:16 PM

in my life...(unfortunately)

Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt valid...

blah blah blah...if you dispute this debt or any portion thereof, this office will obtain verification of the debt......

This is an attempt to collect a debt...

I would ask them to justify the request, and not just assume it is real, even if it is the first request these are your rights........... ask for accounting....

**KeithBC** · 11-06-2009, 11:06 PM

Furthermore, if you do end up having to repay the money, since it is their mistake, they should be liable for any cost to you of repaying it. In particular, they should reimburse you the penalty and taxes you would have to pay to withdraw the money from your investment portfolio.

**Daisygirl** · 11-07-2009, 12:46 AM

Just adding my "I agree" to the ones above. The law firm cannot "demand" you repay it in a certain amount of time. Definitely not 14 days. Make them prove you owe the money and them make a payment plan that does not put you in a difficult position. All they could do after that would be to take you to small claims court, in which they would lose if you have offered a repayment plan, so it wouldn't be worthwhile for them to do it.

What a complete bummer, though. So sorry!

**savvy_sniper** · 11-07-2009, 09:39 AM

How can you tell when a lawyer is lying?

His/her mouth is moving!

Lawyers are notorious for official threatening letters. They are HOPING it will scare you (into doing whatever it is they want!