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My mom gave my sister a loan to be paid back from her

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inheritance. She is Trustee and...
My mom gave my sister a loan to be paid back from her inheritance. She is Trustee and a Beneficiary of the Trust. Is there a code or statute in Florida that she must pay back the loan before receiving a distribution?
Submitted: 9 months ago.Category: Estate Law
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Answered in 4 minutes by:
8/7/2017
Estate Lawyer: Alex Esquire, Attorney replied 9 months ago
Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16,834
Experience: Handled many probate matters
Verified

Hello. My name is Alex.

Thank you for your question.

I will be happy to provide you with information you are seeking for educational purposes only.

No. There is no such code or law.

However, if there is written agreement or the Will states that there was a loan that was extended by the deceased parent to the heir, which should be deducted from the share of the borrower inheritance or has to be paid by the heir to the estate, then the terms of such agreement can be enforced and the other beneficiaries can file a motion with the court to enforce such agreement or a clause in the Will.

I wish you the best of luck!

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Customer reply replied 9 months ago
Even though my sister distributed a portion of the Trust to the 3 benes, made a 65 day distribution (which was only made because I told her) and 2 months after the first distribution she paid us back the loan. Every Attorney in Florida that I have read all state the loan should be paid back before she would receive any distribution. Are you a Florida Attorney?
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Alex Esquire
Alex Esquire
Alex Esquire, Attorney
Category: Estate Law
Satisfied Customers: 16,834
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Experience: Handled many probate matters

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