Legal Question in Wills and Trusts in Florida
My grandmother past away in July 2009, and left me her house in her will. Prior to her death, my uncle acted as a gaurdian, taking care of her financal affairs. I've received a Petition for Discharge of Gardian, along with a Final Financal Return. According to the Return, my uncle signed a Promisory Note on behalf of my grandmother in January of 2009, agreeing to pay $11,900 to his brother in monthly installments of $350.62. Payments appear to have been made on this note, beginning in January, but every payment after January has been for more than the required $350.62. This Note was my grandmother's only debt. The house was her only asset.
I am concerned as to whether this is a ligitimate loan. No one can tell me what the loan was for. There is no corresponding deposit in my grandmother's account suggesting that she actually borrowed the money. There is a week left for me to object to the Discharge of the Gaurdian. Are my concerns over this loan proper grounds for objection? Can I find out why the Note was issued? If the loan is legitimate, will I have to pay or assume it since I am getting her only asset?
4 Answers from Attorneys
Have you asked your Uncle?
It sounds as if the loan might have been to pay expenses to maintain the house during your grandmother's lifetime, but of course it could have been for any other reason. First, as stated above, ask your uncle who was the guardian for the purpose of the loan, along with copies of the accountings for the guardianship. I would also ask your other uncle who made the loan. If neither of them will talk to you, about this, then I suggest you retain an attorney to help you without delay.
It sounds like your uncle is unable to provide you information, which is a concern. I would suggest you consult with an attorney right away. Regards,
Yes object to discharge until you know what this loan is about. If it is unsecured then you asset being the house is free from this debt.
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