Legal Question in Wills and Trusts in West Virginia

No Contract

Someone loaned me 5000 with no contract or terms and agreements. I made payments for 1 year. I still owe 4,500. The loaner died and now his family is demanding i pay the balance in full. Am I even liable to pay any of the 4500 back?


Asked on 10/02/07, 1:25 pm

1 Answer from Attorneys

Thomas Zimmerman Zimmerman Law Office

Re: No Contract

In West Virginia a verbal contract is valid and can be enforced. The only person who may collect the debt of a decedent is the personal representative. That is, the Executor if there is a will or the Administrator if there is no will. The person must qualify before the County Commission and hold the Certificate of Qualification before he or she has any authority to manage the assets of the decedent. You debt, if otherwise valid, is payable to the personal representative of the estate for the benefit of the estate of the decedent. The personal representative must honor the original deal. If you have the right to repay in installments, then the personal representative must honor the original deal.

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Answered on 10/02/07, 2:21 pm


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