Legal Question in Wills and Trusts in Michigan
Liability listed in a Will
My mothers will has a note attached that says I have to pay $30,000 to the Estate within 30 days of her death. I was not aware of this note. My sister the Executor of the Estate says she does not want the money collected. Does she have the power to forgive this amount? If not my mother had verbally told me that the debt was forgiven, but did not change the Will. What are my options if my sister is not allowed to forgive the debt?
3 Answers from Attorneys
Re: Liability listed in a Will
I have received a copy of your question. The answer is that it depends on what the other heirs decide. If all of the heirs agree to "forgive" the loan, then the Personal Representative has the authority to forgive it. If one or more heirs object you will have to conduct a hearing in front of the Judge to determine if your mother forgave the debt after she wrote the note demanding that you repay it. Good Luck. Feel free to call for further information if you desire. John C. Talpos (248) 743-6800 or review my web site (http://www.Mich-Lawyer.com)
Re: Liability listed in a Will
Without further proof of the debt, it would be hard for the estate to collect the debt from you. For more info, please contact my office at (248)851-3171.
Re: Liability listed in a Will
If the debt is real - that is there is a true legal obligation to pay it, so long as the estate has paid all of its debts to creditors and the heirs to the estate sign waivers, I'm almost certain you can stipulate that the debt remain unpaid.
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