Legal Question in Civil Litigation in Illinois

Borrowed from Ex-Wife's Relative; Estate wants to Collect

I borrowed from my Ex-Wife's Grandmother the total of $5000 in 1999. We divorced and I agreed to pay this amount back to the Grandmother. I signed an un-notarized paper stating I'd start paying the money back in August of 2002. Only the Grandmother was mentioned on the paper. I made small payments since and now only owe $4375. The Grandmother died in Febuary of 2002. I stopped making small payments at that time. In April of 2002, I received a letter from the estate's lawyer stating they want me to borrow the money and pay them back in less than 90 days. I'm currently a student. I doubt I'll get a loan. Do I own this amount to the Estate? What do I do?


Asked on 4/24/02, 6:39 pm

1 Answer from Attorneys

Lawrence A. Stein Aronberg Goldgehn Davis & Garmisa, LLC

Re: Borrowed from Ex-Wife's Relative; Estate wants to Collect

You owe the money to the estate, though you may be able to get contribution from your former wife, if she received the proceeds of the loan with you, to help you repay. You should work out a payment plan that is mutually satisfactory to you, the lawyer for the estate, and possibly your former wife. If you cannot do so, the estate may sue you. If the grandmother signed a paper during her lifetime agreeing that you didn't have to make payments until August of 2002, that may be binding on her estate, depending upon the circumstances.

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Answered on 4/24/02, 6:43 pm


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