Q: What does the PR need to do to have personal loans made to the decedent be repaid from the estate.
Estate has sufficient funds. PR leant $20K to our father in 2012. I leant $30K in 2013.
Father requested loans with the promise to repay loans, unfortunately he passed away.
The three beneficiaries agree that the loans were made and should be repaid from the
estate prior to final distribution. Who approves distribution, PR or PR's atty? Can a letter
signed by the three beneficiaries suffice for repayment? Does the repayment need to be
shared by all three or disbursed to the two of us in the amount of our personal loan?
A:
If you already have an attorney for the estate, ask that attorney. We are not supposed to interfere or communicate with a represented client. But, it is really quite easy. Just ask.
If you are the claimant, not the PR, and the PR refuses to pay the loan, you need to file a timely claim. Get a lawyer now before the statute of limitations expires. If you can’t afford one, most lawyers will take the claim you describe on a contingency fee, and many will advise you how to proceed on a discounted, attorney-advisor basis.
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.
