Legal Question in Wills and Trusts in Illinois
Promissary note owed to person who dies
My mother recently passed away and her estate is in a living trust. While going through her files, I found a promissary note which was signed between my mother and her grandson in which her grandson borrowed the sum of 5000.00 . He has only paid her back 500.00 . Now my mother has passed on and I want to know if this promissary note is still legal and if her grandson still needs to pay back the 4500.00 to her estate to be divided evenly among her heirs.
1 Answer from Attorneys
Re: Promissary note owed to person who dies
IF the note is still enforceable, it is an asset of the estate, and repayment can be demanded. You don't say how old the note is. the statute of limitations is generally 10 years for written instruments.
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