Legal Question in Wills and Trusts in Michigan

Owing a debt to a deceased person

According to my divorce decree, I owed a financial sum to my ex-father-in-law from a previous loan. He has recently died and I was wondering if I am still obligated to repay the balance? He has a surviving wife but the divorce decree split the debt between the two and named each of them specifically and individually. I know I still have to pay my ex-mother-in-law what I owe her but do I have to pay the remainder on the debt to my father-in-law All parties live in Michigan. The divorce and loan originated in Michigan.


Asked on 6/09/04, 2:15 am

2 Answers from Attorneys
William Stern William Stern, P.C.

Re: Owing a debt to a deceased person

Sit back and wait to see if they set up an estate for your ex-father-in-law to collect his money. If they do, you will probably have to pay. If they do not set up an estate, no one has standing to collect the debt, unless it was a trustee. William S. Stern 248-353-9400

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Answered on 6/09/04, 1:25 pm
Blake Lipman Law Office of Blake P. Lipman

Re: Owing a debt to a deceased person

You may have to repay if your ex-father-in-laws estate comes after you. Barring that, you may still legally have to pay, but from a practical standpoint, who is going to demand payment? Again, a probate estate will have to be opened for him. For more info. please call me at (248)851-3171.

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Answered on 6/09/04, 3:29 pm


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