Legal Question in Wills and Trusts in Illinois
My aunt passed away. I am named as the sole beneficiary in her trust. I found a copy of a cashiers made out to my uncle and states in the memo "AUTO LOAN FOR my uncle's name." Can I recoup this loan from him for her estate? Does he have to prove he repaid the loan? I know he has never paid it back. The loan was 4 years ago.
2 Answers from Attorneys
If your uncle fails to acknowledge the debt, you're going to have to sue him. Talk to an attorney who does debt collection.
You are going to have to make a judgment call based on a consultation about the available proofs on each side, the amount at stake and whether you would ever collect at a reasonable cost even if you obtain a judgment. Aside from court costs and legal fees, you should also consider the value of your time and the drawbacks in stress and frustration.
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