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CALawyer
CALawyer, Lawyer (JD)
Category: Legal
Satisfied Customers: 1655
Experience:  Graduated Magna Cum Laude (Law School), Graduated Undergraduate at 19 Years of Age.
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I signed a promissory note and the lender is now deceased ...

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I signed a promissory note and the lender is now deceased and their is an estate but in the promissory note it mentions that i will pay a x amount of dollars to this person that is now deceased 300.00 amonth until paid in full,now the money was given to the son and wrote out to him not me and also the purchase is in both our names now one of the family members found the note and is wanting proof that the payments have been made,but in the note their is nothing stating upon her death i pay this no interest she didnt even sign it was just a letter actually thanking her but i put it into the wrong words,now i cleaned her house never took any money from her and did things for her never once did i take any money and now this is happening do i legally owe this to the estate even though no mention of it in the will.....
Submitted: 9 years ago.
Category: Legal
Expert:  CALawyer replied 9 years ago.
If you owe a debt to someone and they die, you still owe the debt to their estate unless the promissory note/agreement says otherwise.

If the agreement was that the debt would be forgiven upon their death, then that is another story.

However, if you agreed to pay $300 per month, then you wouldn't be required to pay any more than the $300 per month. However, who you would be required to pay that to could be another story.

If this information was helpful, please click ACCEPT to give me credit for answering. If you have any follow up questions, just ask.
Customer: replied 9 years ago.
Reply to CALawyer's Post: the note only states i harleydavid promise to pay the xamount per month and the whole dollar amount and i dont even think that their is a date and only my name signed and nothing as far as upon her death am i to pay this she had everything in order from a-z if she wanted this to be a loan and to be paid back she would have kept receipts and stated otherwise do you think that i can fight this like i said the ck from her was written to the son and what we purchased with the funds is in our names(both) do i have a leg to stand on if i pursue this matter i did everything for her and she wouldnt want this to be happening the daughter should just say thanks for helping my mom all these years and let that be.
Expert:  CALawyer replied 9 years ago.
Why does the note state "I ... promise to pay"? Was it a gift? Or was the promise to repay a loan?
Customer: replied 9 years ago.
Reply to CALawyer's Post: I have never had anyone to ever give me anything and it was more of a thank you but just trying to say giving my word I put I promise just to let her know I was really thankful that she helped me but you know i would have to actually leave my money on the counter just anywhere because she wouldnt physically take it and I would clean her house and she verbally stated if you are going to be this way with the money being stubborn i want you to clean my house for 50.00 a wk and i never took her money so it actually was money going back and forth but the couple of days before her death i thanked her again and she said that she wasnt in the least worried about the money and her son even heard her, I know I can fight this but is it worth tearing up my boyfriends relationship with his sister...and we are talking about 16 thousand dollars and dont you think that if she was worried about the debt she would of had her lawyers to write up an agreement since she had her will and everything already planned out she never told the daughter about this also that is why she is pursueing this.
Expert:  CALawyer replied 9 years ago.
Frankly. It would be difficult to fight this. If you made a subsequent agreement that the debt did not need to be repaid or something, then that might help you. However, if you promised to repay her, in writing, then you are bound to repay her. Even if she wasn't going to enforce the debt personally, the executor of her estate would be both allowed to and required to enforce the debt.
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