Legal Question in Wills and Trusts in Arizona

Mother died, no surviving spouse, three child survive, one child borrowed money from mom 1 month before death, nothing in writing. Another sibling aware of loan and discussed loan with mom before her death. Does sibling still owe money?


Asked on 2/10/12, 7:09 am

1 Answer from Attorneys
Donald Scher Donald T. Scher & Associates, P.C.

If the borrower won't agree that it was a loan, then it is a question of proof. Your mother's estate could bring a claim against the borrower, but with nothing in writing, we don't know what the terms of the loan were. It is best to work out a deal with the borrower, as he/she will claim that it was a gift from Mom.

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Answered on 2/10/12, 7:32 am


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