Q: My friend signed a promissory note to me and loaned me money. Her husband didn't sign. She passed away and his attorney
Said I have to pay him. Not a problem. When he passes, I don't surely have to pay his heir? This note was not transferred by my friend to be collected. Husband is sole heir
A: It is correct that the note must be paid to the surviving spouse, his heirs, the executory of either person or any one who possesses the note. The promissory note is a "negotiable instrument" and can be transferred to anyone who can seek collection. If you don't pay, anyone holding the note can seek collections/court actions against you. Don't be one of those "friends"...
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.