Will we have to pay money to the heirs of a person we owe if that person is nowdeceased?

Get Legal Help Today

secured lock Secured with SHA-256 Encryption

Will we have to pay money to the heirs of a person we owe if that person is nowdeceased?

Our neighbor loaned us money to purchase a truck and to pay an existing loan off on our car. The total he loaned us is $11,134. We wrote out on a piece of paper agreeing we would pay back $200 a month starting on the first of last month. Our neighbor has recently passed away before making our 3rd payment to him which was is due tomorrow. The paper my husband and I signed only involved us and our neighbor. Now that he has passed away his girlfriend and children and trying to take theissue to court to make us pay them back the money even though they had no involvement.

Asked on September 30, 2011 under Bankruptcy Law, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Okay well some one needs to read the agreement to see that it hold up to the requirement under the law in your state but I am going to err on the side that it will hold up in court.  Now, once a person dies and some one is appointed as the personal representative of their estate, the personal representative has the right to collect on debts owed to the estate.  So if done properly - meaning that one of them (probably a family member) files to be there PR then they have a statutory right and duty to sue you for the money owed.  They do not have to have any involvement from the beginning.  Get help here.  Good luck. 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption