Legal Question in Wills and Trusts in Florida

I had a personal loan with a person who has recently died. Do I still owe the money?


Asked on 5/10/11, 8:11 am

3 Answers from Attorneys

Sanford M. Martin Sanford M. Martin, P.A.

Whether your personal loan survives the death of the lender and becomes part of his/estate depends on the nature and terms of the loan. If there was a term or understanding that such loan would not survive his/her death, then you don't owe the debt. If the loan is detailed in a written promissory note or other document, the loan becomes part of the estate and could be collected by the executor or personal representative in charge of administering the estate. If there is no administration of the estate, you will likely not be pursued to collect the debt.

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Answered on 5/10/11, 8:26 am

To someone yes, unless the terms dictate something else. The Estate is most likely, and if no one (i.e., Personal Representative) claims the debt to be paid to them, then you pay to the Florida Unclaimed Funds on behalf of the decedent.

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Answered on 5/10/11, 8:29 am
Cristofer Bennardo Padula Bennardo Levine, LLP

Yes. This would be an "asset" of the decedent's estate and the Estate would have the right to seek collection of the debt, assuming they even know of it. This would be subject to the terms of the loan, however. For example, the Estate does not necessarily have the right to collect the full amount due and would be subject to your payment terms if over a longer period of time. If there is a promissory note, it must be read.

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Answered on 5/10/11, 9:45 am


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