Legal Question in Wills and Trusts in Florida

Loan Repayment to an Estate

Prior to my parents' deaths, I borrowed $6,000. I agreed to pay them back (verbally) and we agreed that should either of us pass away, that the debt would be considered ''paid in full.'' When my mom died, I continued to pay my dad, but when Dad died a few months later, the executor of the estate informed me that they would be witholding my inheritance to cover the loan. I presented them with a notarized statement signed by friends who heard my conversation regarding the loan status should Dad or I pass away. Another sibling is being denied her portion of the inheritence as well, though she had the same agreement with our father. Is this legal? We didn't borrow money from the ''estate.'' Dad made it clear that once he was gone that the debt was considered settled. What should we do?

Jo


Asked on 7/11/05, 2:16 pm

1 Answer from Attorneys
Kelly Henderson

Re: Loan Repayment to an Estate

I can understand how other heirs might feel you are taking more than your fair share and would object. Assuming the estate is all to go to family, your siblings, why would you have claim to an equal share, plus loan forgiveness? That said, because that was your agreement with your parents you can make a rather strong legal argument that nothing should be withheld from you. You should probably discuss the matter with a Florida probate attorney in the county where probate has been filed.

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Answered on 7/11/05, 7:10 pm


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