Legal Question in Wills and Trusts in Louisiana
my mother resided in New Orleans, as do I and my sister. In 2009, my mother gave me $25,000 as a loan to help me through financial difficulties after the sudden passing of my husband. I paid back all but $9,000 by the fall of 2013, when mama forgave the balance of the loan, telling me to not say a word to my sister...fast forward to May of last year, when my mother died and now my sister is coming after me for the $9,000. I explained to the succession attorney that this portion was forgiven but they are still asking for it. I have one witness who was there when mama forgave the loan verbally and my mother's best friend says she had a conversation with mama about it, but there is nothing in writing. I was thinking at the very least I could negotiate the amount but need to know asap if that's even possible, given there is nothing in writing. My mother told me she has helped all her children and that I had paid enough but to not say a word to my sister...then we forgot about it until now. This is so disrespectful not only to me but to my mother, who loved me and wanted to help me.
1 Answer from Attorneys
What II would do is have your witnesses sign affidavits affirming that your mother verbally forgave the balance of the loan, and send copies to the attorney. Forgiveness of a debt does not necessarily have to be in writing, but you should have documentation other than just your word.
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