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My Dad past away in May. He had helped me with a loan that…

Customer Question
My Dad past away...

My Dad past away in May. He had helped me with a loan that he got in his name. Can anything be done to stop the loan payments or lower them?

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

He lived in Mississippi

Lawyer's Assistant: Has anything been filed or reported?

Not yet...my sister wouldn't let me

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so

Submitted: 4 months ago.Category: Estate Law
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Answered in 3 minutes by:
12/19/2017
Estate Lawyer: Olivia Kent, Attorney replied 4 months ago
Olivia Kent
Olivia Kent, Attorney
Category: Estate Law
Satisfied Customers: 2,914
Experience: Partner at Kent Law Group, LLC
Verified

Hello and welcome to JustAnswer. My name is ***** ***** I'm an attorney. Please note this site is general information for educational purposes only and doesn’t constitute not legal advice. You might be offered a phone call, but you are under no obligation to accept; the phone call requests don’t come from me - they’re offered by the website - but if you do want a phone call I’d be happy to do that as well. I'll be happy to help you in any way I can.

I'm not sure I follow your question... I thought you said the loan was in dad's name and he passed away. Where are the loan payments coming from now?

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Customer reply replied 4 months ago
Out of my his and my mom's checking account
Estate Lawyer: Olivia Kent, Attorney replied 4 months ago

Was it a secured loan or an unsecured loan?

Has mom considered closing the account?

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Customer reply replied 4 months ago
I don't remember actually. How can I find that out? no she hasn't
Estate Lawyer: Olivia Kent, Attorney replied 4 months ago

So, you *could* start by closing the account - which would shut down their ability to take any more money out. You could also contact them to inform them that dad has passed away and ask for the terms of the loan, without specifically stating you're willing to take over the terms of the loan.

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Estate Lawyer: Olivia Kent, Attorney replied 4 months ago

They will likely at that point try to sue for payment on the loan (assuming they can - which has yet to be determined). But at least you would essentially hit a Pause on their ability to do anything while you figure things out.

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Olivia Kent
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Category: Estate Law
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