Legal Question in Wills and Trusts in Florida
My parents purchased a home and borrowed money from a friend to pay off the mortgage. They then paid the friend back every month like a couple hundred dollars. The friend died and in her living will staed my parents did not have to repay her. Can any of her family members try to sue for the money owed or the house?
3 Answers from Attorneys
No, the decedent forgave the debt.
Of course, family members could object to the "forgiving of a debt" and even claim that your parents' friend was not of sound mind or acted under undue influence from your parents. However, proving such claims is difficult. The gift of your mother's friend to your parents is within her legal rights. Unless there is some reason for voiding the gift, it will withstand objections or claims from others. Such forgiveness of debt is often a provision of last wills.
No, but you are going to need something from the Personal Representative to show the loan satisfied, if there is anything recorded.
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