Legal Question in Wills and Trusts in Florida
My mother loaned my grandma $12k to pay off some credit card bills. My grandma has a pension which provides her with just enough to pay for her expenses. Note that my grandma is very old and may be close to the end. Her will states that her 4 children (including my mom) will receive equal portions of the estate. The estate consists of my grandma's apartment which is probably worth <$100k.
What should my mother do to insure that she gets paid the $12k back before the rest of my grandma's estate is equally distributed amongst the siblings? Thank you.
2 Answers from Attorneys
The loan should be evidenced in writing, such as a promissory note. She would then be a creditor of the estate. They are paid first.
IFyour grandmother is of sound mind, then she could do a will stating that $12,000 to go to your mom then the remainder of the estate to be divided. 4 ways
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