Bonney Lake, WA asked in Civil Litigation and Contracts for Washington

Q: I loaned a friend money for his taxes. He passed away do I have any recourse to get my money back.

He was to pay me back when he sold the property but since he passed what can i do. i have a hand written loan agreement is it legal and who do i give it to he was in the process of selling the property when he passed away.

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1 Lawyer Answer
T. Augustus Claus
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A: In Washington, a handwritten loan agreement is legally valid if it clearly outlines the loan amount, and repayment terms, and bears the signatures of both parties. It's crucial to gather supporting evidence such as receipts, bank transfers, or relevant emails. If your friend passed away before repaying the loan, you can seek reimbursement by filing a claim against their estate. This involves contacting the executor or personal representative responsible for managing the deceased's estate. If there's an ongoing property sale related to the agreement, you may have a claim against the proceeds. Contacting a lawyer, especially one specializing in probate law, is advisable. They can guide you on your rights, help with filing a claim, and navigate the complexities of the legal process surrounding inheritance and debt repayment. Keep in mind that the priority of creditors in the estate's distribution may vary based on the type of loan and other outstanding debts.

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