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.
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