Legal Question in Wills and Trusts in Minnesota
do i have to pay
my mother died and i am one of 8 childen, my older brother and sister are in charge of my mothers trust and estate. My son and i had borrowed money from my mother and now my sister and brother want me to pay it back from what is due to me from the trust and estate. Do I owe this money back and does my son owe it back, or is the dept no longer owed when the person dies. We both live in the state of minnesota.
1 Answer from Attorneys
Re: do i have to pay
This response is for general information purposes only and does not create an attorney-client relationship.
Debts owing to a person at the time of their death are treated as an asset of the estate; so yes you and your son are required to repay the estate.
There might be an exception in the event that your son was too young to enter into a valid contract at the time he borrowed the money. If he was under 18 that would help. If he was even younger, that would be better. My understanding is that even a minor child can owe a valid debt, if he or she is old enough to understand the obligation when they enter into it.
A lot of cases like this are disputed on the grounds that the loan was intended as a gift when it was made. If there is any evidence at all that this might have been a gift, get to a lawyer for a consultation - you might have a defense.
Good luck.
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