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I had a very close friend for the last 16 yrs. He was

Hi I had...

Hi I had a very close friend for the last 16 yrs. He was divorced for the past 20+ years with 5 children. He made a loan to me in the amount of oops Hi I had a friend for the past 16 years. He was divorced over 20 years ago with 5 children. He made a loan to me in the amount of $300,000.00 due to the fact the house I was living in I was renting. The owner died and the house was going to be sold. He didn 't want me to lose this house due to this is where we spent most of our time. I have it in writing to make payments until he should die if he should pass away the loan was considered paid in full. Or if I should pass away before him the monies would be paid back out of my life insurance policy. The children are now trying to intimidate and sue me for this. Can they do this?

Lawyer's Assistant: Because laws vary from place to place, can you tell me what state this is in?

It is in pennsylvania

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a signed agreement between him and I stating the amount, the interest, the payments and the clauses if one of us should pass away before the other.

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

No that is all

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Answered in 5 minutes by:
3/10/2018
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,054
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

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Is the friend still living?

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Is he still mentally competent?

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Was he mentally competent when he made the loan to you?

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Have the children actually filed suit against you and if so, under what legal basis?

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thanks

Barrister

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Customer reply replied 5 months ago
He passed away on March 2nd, 2018. Yes he was mentally competant when he made the agreement with me. No he was not when he passed away. In between him making the agreement with me and passing away he had a major heart attack and died due to complications from it. His children had nothing to do with him. They showed up when he had the heart attack. He set it up like he did due to the fact he said they would fight me on everything. They only cared about him for his money. He did not even recognize his 2 daughter when they showed up to his house and had never met his 7 grandkids until he had the heart attack. And No they have not filed suit as of yet just threatening phone calls.

Ok, they are out of luck here.... If he chose to forgive the debt upon his death, that was his choice and as long as he was competent when he entered into the agreement, it is entirely enforceable.

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So the greedy children are just blowing smoke here..

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thanks

Barrister

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Customer reply replied 5 months ago
I am really stressed right now. The one son keeps calling me and threatening to start legal actions against me. What can I do to stop them from harassing me? He has even left threats saying he going to come and take my vehicle. I now live here alone 100% of the time since my friend pass away.

Tell him if he contacts you again, you will call the police and file a formal criminal complaint for harassment and he can deal with it through the courts..

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And if he calls again, do exactly that..

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Customer reply replied 5 months ago
Ok Thank You so much for your help and advice. Have a great day!

You are very welcome. Happy to help any time.

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It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

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If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

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Have a great afternoon!

Barrister

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 43,054
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified
Barrister and 87 other Estate Law Specialists are ready to help you
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Customer reply replied 5 months ago
Good Morning. I do have another question I forgot to ask. A few months back when my friend Ben had his heart attack, the one son went to Bens house and went through all his belongs at his home. Ben told me his son took his Will and all the original signed documents he had and told me to make sure I kept my copy of mine locked up safely. I guess his son did this due to him being cut out of the Will but the other four children were still in it for what was left in his estate. He never spoke to his dad again and then his dad died. Now this son has the original copy of the agreement between his dad and myself. Where does that leave me? I do still have my copy of the document.

Doesn't affect anything as long as you have a copy...

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But if the original will was "lost" or destroyed, then state law determines who inherits and that would be all the children equally, including the one that was cut out..

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Customer reply replied 5 months ago
if he destroyed the Will and the original copy between Ben and I? Would that only affect the Will and not the agreement between Ben and I that I have the copy of? Even if the original copy is no longer?

Correct, only the will has to be original. Tearing up the original agreement doesn't affect its enforceability as a copy is just as good as the original.

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Customer reply replied 5 months ago
OK thank you. I will most likely be back on with you soon. When this is all over I am going to give you a huge bonus for helping me. Do you ever represent in person or just online?

You are very welcome. Glad to help out when I can..

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Unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer.

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thanks

Barrister

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Customer reply replied 5 months ago
OK. But I will still make sure I send a bonus through

That would be very much appreciated!

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Have a great day!

Barrister

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