Legal Question in Credit and Debt Law in Pennsylvania

What happens to an undocumented personal loan when the lender dies


Asked on 6/30/12, 12:41 pm

1 Answer from Attorneys

What do you mean "undocumented?" Do you mean that someone loaned you some amount of money without getting a written promissory note and then died with you still owing a balance?

There are many facts which you do not relate. What were the terms of the agreement? For how much? Was the loan to be repaid on demand or installments? If installments, what interest was specified. Did you repay any of it? If you repaid, how were your paymenys made? By cash? Or by check or money order? If the latter, did you write anything on the memo line such as the words "for loan repayment" or anything suggesting a loan? If so, the actions of the parties may be enough to prove theexistence of the loan.

When was the last payment made or, if none, when were the payments to start? Was a written demand ever made on you for repayment? Was the loan made in PA (both lender and you were there) or were you in different states?

When did the person die? Was estate probated for him/her? Is it still pending? Did the deceased have a will? If so, did it say antything about this loan?

The loans don't magically go away if a person dies. However, if there is on documentation, you have to see what other evidence there may be. If there truly is nothing and no will, then a personal representative may not know about it.

However, you know about it. If it was a friend who loaned you money, you have a moral duty to repay the funds to the person's personal representative. Whether you have a legal duty or not depends on the answers to the questions I posed.

My advice would be to see if a personal representative was appointed for the estate and if there was a will submitted for probate. If there is nothing, then maybe you need not concern yourself with repaying. If there is a will and it mentions the loan, then you need to think about repaying unless the statute of limitations has expired.

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Answered on 7/01/12, 12:03 pm


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