Legal Question in Wills and Trusts in Illinois
My husband's aunt is the executor to his grandfather's will. She found a contract between him and his grandfather dated in 1994. She is trying to get him to pay a balance on a loan that has since been forgiven by his grandpa. Plus the contract was never signed by either of them. Is this legally binding?
2 Answers from Attorneys
Based on the facts you've provided, it does not sound enforceable. Was there ever a contract in the first place? Did he forgive the loan? Is collection past the statute of limitations in any case?
Your husband should consider retaining counsel to advance his interests.
If it's not signed, it may not be a contract. Maybe it's a draft or a proposal. It would be hard for the executor to enforce this writing against your husband without more evidence, including evidence of money transferred. If there's no writing, an oral promise to pay is harder to enforce (statute of frauds, statute of limitations).
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