Largo, FL asked in Banking and Elder Law for Florida

Q: My Aunt recently passed away and in her older years my mom’s name was on her bank. My aunt took out a forced loan

My mom was not aware of this loan nor was she in the loan. Is she still responsible for the amount owed?

Related Topics:
1 Lawyer Answer
James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Elder Law Lawyer
  • Sacramento, CA

A: In this situation, your mom's responsibility for the forced loan would depend on the specific circumstances surrounding it. If your mom's name was simply on the bank account for administrative purposes or as a joint account holder, it doesn't necessarily mean she's automatically liable for any loans taken out by your aunt. However, if your mom co-signed or guaranteed the loan, she could potentially be held responsible for the debt.

It's crucial to gather all relevant documentation related to the loan and your aunt's financial affairs to understand the details of the arrangement. Review any agreements or contracts associated with the loan to determine your mom's legal obligations, if any. Additionally, consulting with a legal professional who specializes in estate matters or financial law can provide clarity on your mom's rights and liabilities in this situation.

Remember to approach this matter with caution and thoroughness, as estate matters can be complex and emotionally charged, especially in the wake of a loved one's passing. By seeking appropriate legal guidance and understanding the details of the loan agreement, you can navigate this situation more effectively and protect your mom's interests.

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.