Legal Question in Wills and Trusts in Ohio
borrowed monies
My husband and I borrowered monies from my mother, date unsure, we were making payments back to her and doing odd jobs for her. We never took any money for doing these things, and she always said that she would take it off what we borrowed from her. my mother since has past away.
My question is this:My brother is the executor of my moms will, she had a strong box with her important papers in it,and he found a piece of notebook paper that had written on it what we had borrowed and nothing else on it. now he is say ing that this amount will come out of my share of the estate. is this true? I don't see that this could stand up in probate court as being a legal document. He told me that the lawyer told him that this is a law. What law? Yes, it was her hand writing but there were no signatures of either of ours.I just has my name and a dash with x amount of dollars. Please help me in this matter, i am just devastated by this. Thank you
1 Answer from Attorneys
Re: borrowed monies
Not necessarily. The monies could have been either a gift, a loan, or an advance against the estate, all of which has to be proven. The same holds true for the work you performed as forgiveness against the monies borrowed. The court will look at proof or evidence of what your mother intended.
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