If I was given a loan in exchange for services that may be illegal but the person who gave the loan is now dead, what is my legal obligation to repay?

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If I was given a loan in exchange for services that may be illegal but the person who gave the loan is now dead, what is my legal obligation to repay?

Asked on March 15, 2013 under Bankruptcy Law, Massachusetts

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Your question implies that the loan may or may not be legal.  If the loan is legal, then you would be required to repay the debt to the estate of the person who gave you the loan.  If you refuse, then the estate could sue you for the balance of the loan.... however, it would still be their burden of proof.  This means they would have to show that the loan existed and it was legal.  If no heirs care to enforce the debt within the statute of limitations, then you would not legally be required to pay the balance of the loan.


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