Am I responsible for a personal debt incurred by my husband to his father before we were married?

Question Details: My husband left his life insurance and a small 401K to me, in his will. His sons are upset and have gone to their grandfather who loaned my husband money 12 years ago. The sons are ages 43, 42, and 26, not minors.

Asked 10/22/2009 under Wills, Trusts, Probate | 248 View(s) | More Legal Topics

Are you an attorney? Sign up to answer this question.

Wills, Trusts, Probate Law Answers

I am a lawyer in CT and practice in this area of the law.  I doubt the loan is enforceable as the statute of limitations to enforce the loan has long expired (the statute of limitations to enforce a breach of a written contract is 6 years and 3 years for an oral contract).  Therefore, i do not see a way for the kids the obtain any money from you on this basis regardless if the debt is even valid.

Time really has nothing to do with this case.  The proceeds of both a life insurance policy and a 401K pass directly to the designated beneficiary.  That means that they pass outside of the deceased's probate estate.  Consequently, the beneficiary is in no way legally obligated for payment on any debts of the estate.

Related Wills, Trusts, Probate Questions

Didn't find your answer? Ask.

  Top Ranking Attorneys

Sign Up Today! Are you a lawyer?
Want to be featured here?
Sign up for a free profile and get started today! Click Here

More Questions Like This...

AttorneyPages.com