Legal Question in Credit and Debt Law in Florida

borrowed money

If I borrowed money from someone, and we did not have a written contract and they died before I paid it back is the debt cleared.

Asked on 2/23/09, 3:47 pm

2 Answers from Attorneys

Raymond LaBella LaBella Law, P.L.

Re: borrowed money

Just because the person dies, does not mean the debt does. The Personal Representative of that Estate of that person has the right to bring an action to collect the debt. Lack of a contract may create an evidence problem, but it is not fatal. If the estate can prove you received the money, then they can at least make out a cause for unjust enrichment (you gained by it but you had no right to without paying it back).

But, there can be several reasons the estate may not putsue it, such as amount too small to worry about, estate too small to administer, etc.

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Answered on 2/24/09, 4:01 pm

Brent Rose The Orsini & Rose Law Firm

Re: borrowed money

Technically, you owe the money to that person's estate, but I think the estate will have a tough time suing you for the money when there is no written evidence of the debt. If it's enough money to be worth it, you should speak to an attorney.

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Answered on 2/23/09, 5:13 pm

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