Does a Will supersede a document that releases a loan?

My dad loaned someone $82k under the title of unmarried man on a home under a deed of trust. He later said that the loan was forgiven upon death but then changed his mind and called out the money as a loan in his Will. My dad was married at his death and was the beneficiary on the deed of trust. My mother his spouse is still alive and wants to collect the loaned amount.

Asked on June 4, 2014 under Estate Planning, Arizona


Anne Brady / Law Office of Anne Brady

Answered 6 years ago | Contributor

You start out asking if a will supersedes a document releasing a loan (no) but later say your father "said that the loan was forgiven upon death."  If he said that in writing and signed it, that will trump the will, because it came first (presumably).  If he only spoke it, it will have no legal impact and the will will prevail.

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