Legal Question in Wills and Trusts in Indiana

Both my parents are deceased, my Father took out a loan in 1997 my mom died in July of 2010

who now would be responble for paying the loan, We silbings that are left, can't get any information

from the Loan company.

Asked on 5/31/11, 6:51 am

3 Answers from Attorneys

Jay Rigdon Rockhill Pinnick LLP

If yoiur mother signed the note, than your mother's estate assets could be used to pay it. None of their children are personally responsible.

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Answered on 5/31/11, 11:46 am
Voyle A. Glover Attorney at Law

Unclear as to who might have to pay. Clearly, the estate is liable, but which estate? You mom's or your dad's? The children are not personally liable. What you need to do is go to a lawyer, open an estate, and give notice to the creditors. After they have been notified, if they do not appear and make a claim, then there is nothing to pay.

If there is nothing in the estate, then there probably is nothing to worry about. However, I say that without knowing all the facts. Talk to a lawyer in your area about it first.

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Answered on 5/31/11, 12:48 pm
C. David DuMond Law Offices of David DuMond

If your mother died more than nine months ago, then the creditors' claims against her estate are not enforceable. However, if the loan was secured by property, then the loan company is entitled to have the property if the loan is not paid. It wouldn't be so bad to gather all the documents you can find and visit a real lawyer. Good luck.

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Answered on 5/31/11, 1:02 pm

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