Last will
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Last will
20 years ago I received a loan
from my parents and I offered a
hand written note that it can be
deducted from my inheritance. My
lone surviving mother just passed
leaving1/2 of estate to me with no
mention of previous loan. My
sister claims i owe her the amount
of the loan. What takes precedent.
The 6 year old will or the 20year
old note
Asked on April 24, 2016 under Estate Planning, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The will takes precedence: the will controls how money and other assets will be distributed after death. Your parents could easily have put a term or condition into the will, that your share would be reduced by anything you still owed on the loan, and that amount would then go to your sister: however they did not. Since they didn't put a limitation or condition like that into the will, you receive your 1/2 of the estate.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.