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LegalGems, Attorney
Category: Estate Law
Satisfied Customers: 10054
Experience:  Private Practice; Elder Law Attorney; Estate Planning; Attorney Mentor
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My dad passed away in Oct. 2011 his estate hasnt been

Customer Question

my dad passed away in Oct. 2011 his estate hasnt been settled yet , the estate is telling me I owe the estate the money he gave me,I say it is unsecured debt he gave me with no plan to repay
Submitted: 1 year ago.
Category: Estate Law
Expert:  LegalGems replied 1 year ago.

My sympathies for your family's loss;

If there were any loans made by the decedent, then the personal representative can make a claim for those, and can pursue it in court for collections if necessary;

however, if the transfer was a gift, or an "advance on inheritance", then there would be no issue of repayment.

If it is an unsecured debt (so an actual loan) then it would be due and owing according to the terms of the loan, and the representative would have the right to collect on it as representative of the estate.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Expert:  LegalGems replied 1 year ago.

Checking to see how things went for you on this before the question closes out?