Legal Question in Wills and Trusts in Indiana

verbal agreement after someone dies

I was dating someone for over a year and was loaned 4500 for a new car by this same person. I agreed to pay him back after I sold my old car. This person commited suicide and the family has made threats to sue me over this debt because he borrowed the money against his house (which was paid for). Am I obligated to pay this money back and if so to who? What happens to that debt? I am sure that his estate will bring more than enough to cover this debt as well as line the family's pockets. I am sure he would not have wanted to do that either. Anyway, what should I do?


Asked on 6/24/07, 8:08 pm

1 Answer from Attorneys

C. David DuMond Law Offices of David DuMond

Re: verbal agreement after someone dies

Yes you are obliged to repay this loan, even though the lender killed himself. Obtain a check or money order payable to the "Estate of (decedent's name,)" and deliver that check to the family. Your obligation to repay is an asset of the estate, and if you do not repay, the family can sue you for it. If the decedent did not want his estate to go to his family, he could have, and maybe did, make a will that disposes of his assets otherwise. If he failed to make a will, then you should presume he wanted his family to benefit, and cheerfully repay the money. Good luck.

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Answered on 6/25/07, 9:39 am


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