If my mother passed 4 years ago and her sister wants to collect money that she said my mother borrowed 11 years ago, does my father have to pay it?
Question Details: My aunt wants my dad to repay the money. She has a note my mother signed stating she would pay back. My aunt is very involved in our family but we didn't know about this until 3 days ago.
No, your father does not have to pay. The debt was your mother's debt only, unless you father signed the promissory note, too: one spouse's debt does not automatically become the other spouses.
IF your mother's estate, or the money and assets she left behind, has not gone through probate yet (completed probate), you aunt can sue the estate (if it's not even in probate; she can put in a claim to probate court if it is currently in probate): if there is enough money or assets in the estate to pay her, she can possibly get the money from the estate, but your father does not have to pay out from her personal money or assets. If the estate has been probated, it's too late for your aunt--she lost her chance.
Rate This Answer: Not Yet Rated
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you go to AttorneyPages.com and retain an attorney to represent you.