Legal Question in Wills and Trusts in New Jersey

Help, Loan repayment

A friend wrote me a check and has passed away. His sister going through his bank statements found the check. She is claiming it was a loan and I have to repay it within 30 days to the trust of his children. No where on the check does it state it was a loan to be repaid. We spent the money together. Help


Asked on 4/18/09, 3:56 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Help, Loan repayment

I agree with Jeffrey that you can expect to be sued. You have not explained what the money was spent on? Do you have any receipts that could show your friend got some benefit from the money that was spent? This may help you defend the claim. Otherwise the Court will rule and it may come down to a question of credibility.

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Answered on 4/20/09, 1:33 pm
Jeffrey Walters Law Offices of Jeffrey S. Walters, LLC

Re: Help, Loan repayment

If the executor or administrator of your friend's estate believes it was a loan to be repayed, wrongly or rightly, then the estate may ask you to repay it. If you do not agree, then if the estate wishes to pursue repayment it may file a lawsuit against you. Then it will be a question for the court to determine who is correct. The estate will have the burden of proving that it was a loan. If you require assistance, feel free to call me.

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Answered on 4/18/09, 4:41 pm


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