Legal Question in Wills and Trusts in Florida
I borrowed some money from an eldery lady friend who is 86 years old. I have been paying her back in cash on a monthly basis. She has an executor to her estate. I am worried the executor to the estate may find checks written to me and no evidence of payback (because I pay her in cash). Can an executor file any kind of lawsuit against me after she dies (no proof of payment)?
2 Answers from Attorneys
If an executor or personal representative of an estate has reason to believe that the estate of the deceased person is owned money by another person, he or she has a fiduciary responsibility to confirm the debt and collect it. Suggestion: do not pay such debts in cash unless you receive a receipt.
Yes. Hopefully she deposited the money so it is trackable from her end.