Legal Question in Wills and Trusts in Georgia
Claim against an estate
A son dies and leave his mother as executor, son borrowed money from employer to purchase a truck. The son has the title with a lien to the employer but no paperwork concerning the loan. Is mother(executor) responsible for this debt since she has no written evidence of payments to employer on amounts paid and amount still owed?
1 Answer from Attorneys
Re: Claim against an estate
No. Think it through. Son borrows money. OK. When son dies --> son's estate and no one else is on the hook for the debt. The mother is the exceutor, but suppose a Bank had been listed as commercial executor. Would the Bank pay the Employer? Of course not. The son's estate must pay if able. The mother, absent other facts or radification of the debt or agreement to pay the debts of another (remember: Statute of Frauds), cannot be held liable for the son's debt made during his life. If the truck is not worth it or the son's estate not solvent the employer is just out of luck. Hugh Wood
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