Q: My sister borrowed money years ago from my mom, never paid it back. Mom passed, she's executor. Doesn't she still owe?
She & her husband borrowed the $ for a house from my mom& stepdad. The verbal agreement was to fix it up, since her husband was a general contractor, and sell it, then pay them back. They never fixed it up & sold it, she bought a new house and lives there. My mom got divorced and she said that my stepdad was supposed to get the loan back from my stepsister and she was to get the money back from my sister. My sister told mom that my stepdad said she didn't have to pay it back and he has since passed away. Mom said he had no right to do that. Apparently my sister thought so too, since she has never sold it. Doesn't she still owe the money to my moms estate even though she's the executor?
A: Being the executor does not change or affect whether your sister owes the money or not. The real question is whether the "loan" is legally enforceable and how long it has gone on. It sounds as if there is nothing in writing, not even an IOU, and, as noted, how long it has been since she was supposed to repay it and hasn't. Review it all with a local collections attorney if you really want to know. If it does appear to be enforceable, then you need to be sure the probate court is made aware of it and/or that sister simply re-pays the estate by the close of the probate. Good luck.
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.
