Other Family Issues

questions & answers

Question: My mother died and my brother owed her money. There are notorized copies of the loan agreement. Can I collect on behalf of her estate?

Answer: The loan agreement or Promissory Note is an asset of the estate of the deceased. The Probate Court (with or without a Last Will) eventually determines who is entitled to the proceeds of the Note (repaid funds). The court-appointed Personal Representative of the estate is charged with the duty to gather the assets of the estate, for the Court’s later distribution. (A.R.S Title 14, Chapters 1-3)

The foregoing assumes the estate is not small enough (in total value) to qualify for “Informal Probate” (A.R.S Title 14, Chapter 3, Article 3)

Comments:

QUESTIONS

  • My mother died and my brother owed her money. There are notorized copies of the loan agreement. Can I collect on behalf of her estate?

STORIES

  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • He told me that I could actually get all the money I needed by using my home as collateral. . .
  • Age discrimination in the workplace. . .

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FIND LEGAL HELP

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OTHER LEGAL RESOURCES

  • State Bar of Arizona
    www.azbar.org
  • Maricopa County Bar
    www.maricopabar.org
    Referral number 602-257-4434
  • Pima County Bar
    www.pimacountybar.org
    Referral number 520-623-4625
  • National Domestic Violence Hotline
    800-799-7233
  • Bankruptcy Court Self Help Center
    866-553-0893
  • Certified Legal Document Preparer Program
    Link

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