Legal Question in Wills and Trusts in Illinois

Promissary note owed to person who dies

My mother recently passed away and her estate is in a living trust. While going through her files, I found a promissary note which was signed between my mother and her grandson in which her grandson borrowed the sum of 5000.00 . He has only paid her back 500.00 . Now my mother has passed on and I want to know if this promissary note is still legal and if her grandson still needs to pay back the 4500.00 to her estate to be divided evenly among her heirs.


Asked on 11/12/03, 1:59 pm

1 Answer from Attorneys

John Pembroke John J. Pembroke & Associates LLC

Re: Promissary note owed to person who dies

IF the note is still enforceable, it is an asset of the estate, and repayment can be demanded. You don't say how old the note is. the statute of limitations is generally 10 years for written instruments.

Our comments are based on treating your question as a hypothetical. Accordingly, our comments could be substantially and materially different were we advised of all of the relevant facts and circumstances. Our comments are by necessity general in nature, and should not be relied upon in taking or forgoing action in your circumstances without retaining an attorney. In order to fully explore your legal matter, you should meet with us or another attorney and bring to any such meeting all relevant documents and correspondence, and any other relevant facts.

We are not hired to be your attorney, and no attorney-client relationship exists between us, unless and until you enter into a written retainer agreement with us, tender the agreed amount for a retainer and it is accepted by us. We reserve the right to decline representation should circumstances change.

As you are aware, in Illinois there are various deadlines for filing a complaint, filing an answer to a complaint, or taking other action in order to preserve your legal rights, and avoid a complete loss of those rights. You should retain counsel immediately in order to be fully advised of your rights, and to be fully informed of the applicable time period within which those rights must be asserted. If you were to delay in doing so, it might result in your potential cause of action being forever barred.

Read more
Answered on 11/12/03, 4:17 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Illinois