Legal Question in Wills and Trusts in Pennsylvania

My sister borrowed money from a friend. She has passed away and now that friend wants the $400 back. Am I, as next of kin responsible?


Asked on 4/15/11, 9:24 am

2 Answers from Attorneys

Hillary Snyder Hillary N. Snyder, Esquire

First of all let me say that I am sorry to hear of your loss. Many people ask me the same question, and it is a good question. The answer is, you individually are not responsible for any of your sister's debts. Any debts that your sister owed at the time of her death, are to be paid from her "estate", meaning money or assets that she had in her name alone, and for which there is not a beneficiary name (e.g. life insurance).

I hope this helped.

If you have any other questions concerning wrapping up your sister's affairs, please do not hesitate to contact me.

[email protected]

412.904.4469

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Answered on 4/15/11, 9:44 am

While I would echo Attorney Snyder, before you go off paying the debt, do you have evidence of a loan, such as a promissory note, cancelled checks where "loan" is written on the memo line or some other written evidence? Also, What kind of assets did your sister have and are there enough assets to pay any claims, such as the loan? If not, are there debts of higher priority?

If you would be the personal representative, then you should have an attorney review your sister's will (if any), and all of her debts, including this loan and any documentary evidence before you do anything. While you personally are not responsible for your sister's debts, your sister's estate is responsible. Heirs do not get to keep assets and not pay claims. Claim must be paid properly or else the court will hold you personally responsible for any loss. If the friend believes that she has a claim, then the friend needs to file a claim once the estate is probated before any payment is made from estate assets.

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Answered on 4/15/11, 3:17 pm


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