Legal Question in Insurance Law in Oklahoma

Aunt taking advantage of my mother.

My aunt talked my mom, (who is disabled and only receives $600 a month,)into taking out an $11,000 loan, promising to make the payments. Shortly after wanting my mom to file bankruptcy, which she doesn't want to do. (1)Should I (daughter) get my aunt to sign a promissory note for the debt? (2) If she refuses could the life insurance policy my mom has be garnished for the debt upon her death? Thank you so much for your time.


Asked on 7/13/06, 8:50 pm

1 Answer from Attorneys
Blair Brininger Blair Brininger

Re: Aunt taking advantage of my mother.

You are asking me a state law question. I deal with the Federal law of ERISA (life insurance plans that you get through your employer. Also I am not licensed in Oklahoma and I cannot give an opinion.

If your mother has written a will make an appointment for her with the lawyer who drew it up. Then you and your mother should visit with that lawyer. However you should avoid any appearances of you helping your mother decide who gets what. But a good trust and wills lawyer will know how to do that.

If she does not have a will or does not have one a competent lawyer drafted she needs one. That lawyer needs to know about the influence your sister had. Then your mother and your sister can ask that lawyer to help on the loan or bankruptcy problem.

Go to http://www.oklahomafindalawyer.com/FindALawyer and look up wills and trusts and look for a lawyer near you, etc.

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Answered on 7/14/06, 1:00 pm


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