Legal Question in Credit and Debt Law in Wisconsin

You received a loan from a person. Me and the person have papers signed that established a repayment plan, monthly due date and stated late penalties. No attorneys were present, it was just wrote by me and the person.

Now the person whom gave the loan has passed away. What happens:

Does the estate have the right to persue the loan? Do I still owe the loan? Can the family come back on me?


Asked on 11/16/12, 10:35 am

1 Answer from Attorneys

JAY Nixon nixon law offices

Yes, an estate has the same rights to collect any just debt that the owner had when he was alive; no more and no less. This is not to say that it will necessarily do so, or that the "do it yourself" paperwork documenting the loan is enforceable in court. If you cannot afford to pay it or have other financial problems, however, the good news is that a bankruptcy attorney could probably assist you. Unless it is secured, your obligation might be totally dischargeable under your constitutional right to protect yourself through the United States Bankruptcy court.. My answer does not automatically make me your attorney, so you need to consult with your own attorney before acting upon any of my comments and may contact my office at 333 Main St, Racine, WI 53403, 262-633-3090, during business hours, or see me on the web at www.jayknixonlaw.com. Also see 25 years of my answers to consumer questions at http://www.lawguru.com/answers/atty_profile/view_attorney_profile/jknixonAttorney answers may contain advertising materials.

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Answered on 11/22/12, 11:58 am


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