Legal Question in Wills and Trusts in Iowa

Demand notes and death

My mother recently passed away. My brother and I are co-trustees of her trust. I borrowed money from her a few years ago in which she created a demand note. It is not mentioned in the trust to be repaid. Does this note 'die' w/ her or does it need to be repaid if my brother demands it?


Asked on 4/15/04, 5:10 pm

1 Answer from Attorneys
Michael McClellan Gast & McClellan

Re: Demand notes and death

the note doesn't die . . . if not part of the trust, then, presumably, it is an asset of her probate estate . . . her personal representative/executor could demand that it be repaid if all other apects of the note make it still enforceable . . . but someone somewhere has rights in the note . . .

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Answered on 4/15/04, 6:08 pm


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