If you signed a promissory note and never rec'd the money , Can you make them give it to you.

Obviously, a promissory note alone, without proof the loan was funded, is not enough to compel re-payment. But you may have to prove this in court by demanding they produce evidence you received the money. Also, depending on the terms of the note and when payment was due, enforcement may be barred by the statute of limitations.

If the promissory note does not state you received the funds or there does not exist some other receipt for the funds, the heirs will have a hard proving you received the funds so as to be awarded a judgment.

No, but if they sue you in Superior Court or in the probate court, then you should consult an experienced attorney about the statute of limitations defense. The family members cannot sue you unless they properly handle and close the estate's affairs, which could be another defense, if you are sued.

There is too much missing information to offer a truly tailored analysis for your situation. Your question does not mention the amount of the note or the amount the note represents as a percentage of your net worth, the level of the heirs’ motivation to collect on the note, or if ordered to pay the amount by a court you would be able to do so without going bankrupt. Those are just four of several important facts to be considered in evaluating the best options for responding to a surprise demand for the “repayment of a loan” that was never made. Based upon the limited facts as presented however, a good first step might be to send the heirs a letter detailing the facts from your point of view and getting your side of the story down in writing. That way, third parties (like judges or mediators) can read your letter and know exactly what the dispute is all about - from your perspective. You should also be aware that rightly or wrongly, you will be judged by the quality of your letter. If you are not a good writer, get some help from a friend or family member who is. A good presentation is always important. If the amount at stake is substantial, it may be worth paying someone to write the letter for you. Your letter could explain to the heirs what the loan was supposed to be for and the reason the note was prepared. You could also explain why the loan transaction was cancelled after the note was signed and why the money never changed hands and insist that they produce any evidence they have to the contrary such as bank statements, cancelled checks, signed receipts, etc. Finally, the letter could end with a statement to the effect that if you have not received a written response to your request for evidence of money changing hands by [two weeks out], you will assume there is no such evidence and consider the matter closed. Once the letter is sent. there will be nothing left to do but wait and see what, if anything, the heirs decide to do. If they decide to sue and you are served with a summons and complaint, you will want to consult competent litigation counsel without delay since you will only have 30 days to file a responsive pleading with the court. On the other hand, when faced with an obstacle placed in the path to what they thought would be easy money, there is always a good chance the heirs will forfeit the challenge and do nothing.