Legal Question in Wills and Trusts in California
Mother died intestate. I borrowed money from mom over 30 years which she never asked for repayment. Brother is administrator is asking for that money. Can he?
Asked on 3/13/12, 6:49 pm
1 Answer from Attorneys
Michele Cusack
Pollak & Cusack
Did you sign a promissory note? If not, the administrator of the estate may or may not be able to collect the debt, depending on other evidence and/or the statute of limitations. (you can consult an attorney, who can analyze the situation based on all the facts.) But, ask yourself, do you believe that your mother intended the money as a loan or a gift? Ethically, should payment should be deducted from your share of the estate, even if not legally enforceable? In my opinion, your relationship with your brother is more important than how much you inherit.
*Not legal advice*
Answered on 3/13/12, 10:48 pm