Legal Question in Wills and Trusts in New York

Re: Debt Owed to Deceased

I agree with Arnold that if it is not in writing, you have the obligation to repay it. There is the legal obligation to do so. I do not know who shares in the estate and/or if you have a share of the estate or if it goes to closer relatives (spouse and/or children). Since nothing is in writing, while you may have to pay it immediately, you do have the right to claim you are entitled to continue the periodic payments, as you have been making them, since you can at least prove, by cancelled checks, how the repayment was being made. Of course, if you are a beneficiary of the estate, a portion of the remaining debt will go back to you, unless the money is needed to pay estate obligations. In addition, the family members who might get a portion of the money can work out any deal with you that they want, including forgiving what you owe them for their share. More information about the estate and beneficiaries is needed to give you a more complete answer. This is a response to an Internet question and thew reply is not intended to be legal advice or to create an attorney-client relationship. Missing or omitted facts could change the response.

Re: Debt Owed to Deceased

Legally speaking, any debt over $1000 needs something in writing signed by the debtor in order to be enforceable. This is called the Statute of Frauds.

Put another way, "If it's not in writing, it never happened."

However, you may wish to consider the effect of this stance with regard to your relationship with your family.

While there may not be a legal obligation, there may be a moral one.

This post is not legal advice and does not create an attorney-client relationship. It is a comment on the legal question posed by the poster and should not be relied upon in any way. All readers are advised to consult an attorney to address their specific legal concerns.