Legal Question in Credit and Debt Law in Kansas
heir's right to collect on outstanding debt
Can a legal heir collect on a loan made to a third party by the heir's deceased father? The heir has the loan agreement and 2 payments on the loan were made a year ago, but none since then. The debtor has since moved out of town and his house is in foreclosure. Due to an oversight this loan was not included as part of the estate which was closed in April. What, if any, recourse does the heir have to collect on this loan?
1 Answer from Attorneys
Re: heir's right to collect on outstanding debt
You could go after the Personal Representative of the estate, for failure to collect. But, those are rarely successful. You could seek to have the estate reopened, but you may not have sufficient facts to move a probate judge to do that.
An heir has no right to anything that was due the decedent, if it was not collected through the estate, or the right to collect was at least passed.
Talk to the attorney that handled the estae. Perhaps they can tell you why it was not in the estate, or what they will do to clear up their mistake.
Good Luck
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