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

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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 12 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. 


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