New York, NY asked in Probate for Mississippi

Q: My brother loaned me money to pay off the mortgage on my apartment. The note is interest free without specified due date

to be repaid when apartment is transferred ( I sell it or die) He died. Can his estate legally force me to repay the loan now as part of the estate and just take it out of my distribution? If not, what do I have to do to stop them?

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1 Lawyer Answer
Ben F Meek III
Ben F Meek III
  • Probate Lawyer
  • Oklahoma City, OK

A: It's impossible to say without having looked at the note and mortgage. It may be a demand note, payable on demand by the note-holder, which now may be his estate. Or it may be flawed or unenforceable for unknown reasons. Take the note and mortgage and all other documents you think are relevant and go see an experienced real estate lawyer in your area. Many offer free initial consultations. Good luck.

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