Saint Charles, IL asked in Family Law, Collections and Contracts for Illinois

Q: Several years ago, my mom loaned $5K when alive. 2 years later,she passed away,my brother is trying to collect,can he?

Loan was a long time ago and since paid back-I have no records its that old. My brother feels he has the right to force me to prove this was paid back by me. (It was) My mother was alive when the loan was made to me verbally - she died 2 years ago. What grounds does he have here to pursue this? He continues to threaten me with legal action on this.

1 Lawyer Answer
Cheryl Powell
Cheryl Powell
Answered
  • Collections Lawyer
  • Mt Vernon, IL
  • Licensed in Illinois

A: If there is a written contract and he is the executor of her estate and her estate has not been probated, it is a problem. Otherwise no.

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