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debt owed from deceased granny, after at least 3 months, must grandchild pay? MO

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  • debt owed from deceased granny, after at least 3 months, must grandchild pay? MO

    I hope to get a quick answer on this as it is happening right now -

    My friend, Christie, lives in Kansas City MO. He granny died about 3 - 4 months ago. Christie is the only family member left. Christie has been out of the country for the last 3 months or so, since just after the death of her grandmother. Now she is back home and wanting to relocate to another state. She got the moving truck loaded and as she was getting ready to go to the airport saw 3 police cars and a man and a woman outside near the moving truck.

    She went out to find out what going on and was told this -

    her granny loaned $4000 to the man and woman standing there. When before her death the loan was made I don't know. When they saw the moving truck they called the police because of the debt owed to them and they wanted their money. The police impounded the truck and told Christie she cannot leave the state until the debt is paid.

    I don't think this is the way it should go down, is it? Christie is not responsible for her grandmothers personal loan to those people, and it was over 3 months ago since her grandmothers death. Shouldn't they have tried to collect the debt much sooner? Isn't there a time limit on this sort of thing?
    Last edited by ChipWiegand; 12-09-2010, 08:54 AM.

  • #2
    I'm confused - did granny loan the money or borrow the money? If she borrowed it, and her estate has that amount in it, the debt needs to be paid. Provided they can prove granny actually borrowed the money. Are granny's bank statements still there to verify a deposit? Was there a written agreement?

    If granny borrowed the money, the statute of limitations would apply. In my state it would be 1 year for an oral agreement, and 4 or 6 years for a written agreement. It she owes the money, her assets need to be liquidated to pay it off.
    I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

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    • #3
      Originally posted by Alice Dodd View Post
      I'm confused - did granny loan the money or borrow ...
      Granny loaned the money to the people that showed up with the police. They are seeking repayment from the granddaughter, Christie, who has nothing to do with the personal loan that granny gave to the people.

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      • #4
        Originally posted by ChipWiegand View Post
        Granny loaned the money to the people that showed up with the police. They are seeking repayment from the granddaughter, Christie, who has nothing to do with the personal loan that granny gave to the people.
        Granny loaning money means that Granny took money from her personal account and gave it to the couple. So then the couple would need to pay Granny back. This makes no sense in the context of the first post.

        Granny borrowing money means that the couple gave Granny the money from their personal account. So Granny would owe the couple the money. This appears to be what the first post is saying.

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        • #5
          heheheh, yeah, my mistake, granny borrowed the money. sorry for causing the confusion.
          So after at least 4 months would the granddaughter be responsible for repaying the loan?
          It seems to me that the time has been too long for the people to expect to be paid back.

          Originally posted by HRinMA View Post
          Granny loaning money means that Granny took money from her personal account and gave it to the couple. So then the couple would need to pay Granny back. This makes no sense in the context of the first post.

          Granny borrowing money means that the couple gave Granny the money from their personal account. So Granny would owe the couple the money. This appears to be what the first post is saying.

          Comment


          • #6
            Originally posted by ChipWiegand View Post
            heheheh, yeah, my mistake, granny borrowed the money. sorry for causing the confusion.
            So after at least 4 months would the granddaughter be responsible for repaying the loan?
            It seems to me that the time has been too long for the people to expect to be paid back.
            The granddaughter is not responsible for the debt but Granny's estate is. So if she had belongings then they may have to be sold to pay the debt.

            Comment


            • #7
              Originally posted by HRinMA View Post
              The granddaughter is not responsible for the debt but Granny's estate is. So if she had belongings then they may have to be sold to pay the debt.
              But that is only true for a certain amount of time, right? If I recall correctly, when my late wife's mother died (her father had previously passed away), the estate was only responsible to pay debts that were called for within a certain number of days, like 90 day, 180 days, I don't remember. But I do know that it was not more than 1/2 a year, after which the debt were no longer collectible. That was in Washington state just a few years ago.

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              • #8
                That doesn't make sense, and since the daughter was out of the country, it probably woulnd't apply. And even if there is a law like that, I would think that the executor (if there was a will) or probate court would have to notify potential creditors, but how would they know, etc. If granny borrowed it, and it's legit, then her assets must be used to pay it back. That's only fair. I don't know of any 'get out of jail free' card on this one. Doesn't your friend have any ethics?
                I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                Comment


                • #9
                  I agree with Alice - the debt is owed from granny's assets (estate). The granddaughter
                  is not responsible for the money borrowed though.
                  Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                  Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                  Comment


                  • #10
                    Originally posted by Alice Dodd View Post
                    That doesn't make sense, and since the daughter was out of the country, it probably woulnd't apply. And even if there is a law like that, I would think that the executor (if there was a will) or probate court would have to notify potential creditors, but how would they know, etc. If granny borrowed it, and it's legit, then her assets must be used to pay it back. That's only fair. I don't know of any 'get out of jail free' card on this one. Doesn't your friend have any ethics?
                    Ethics? Her personal belongings have been seized as well as her grandmothers. The police now have everything Christie owns in a truck, confiscated. That I am sure is not legal. Christie is not responsible for her granny's personal loan, and so her personal belongings should not have been confiscated along with her grandmothers. And furthermore, how is she supposed to sell some of grandma's stuff if it is all locked up? This whole thing stinks of cops who are clueless.

                    I came to this law forum hoping for some real legal advise, and you apparently are not qualified to even be commenting on this topic.

                    Comment


                    • #11
                      Well, the cops ARE clueless, this is a civil matter. Has she talked to the district attorney about it? On what grounds are they holding her property?

                      But, despite what the cops did, you weren't asking if that was legal, you were asking if the loan had to be repaid. And we answered that.
                      I am not an attorney, and don't play one on TV. Any information given is a description only and should be verified by your attorney.

                      Comment


                      • #12
                        Agree, the loan needs to be repaid but not out of granddaughter's assets. (It
                        needs to be paid from granny's assets.)

                        I don't know why granddaughter's property is being held. Talking to the district
                        attorney as Alice suggested hopefully will help.
                        Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                        Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                        Comment


                        • #13
                          Originally posted by Betty3 View Post
                          Agree, the loan needs to be repaid but not out of granddaughter's assets. (It
                          needs to be paid from granny's assets.)

                          I don't know why granddaughter's property is being held. Talking to the district
                          attorney as Alice suggested hopefully will help.
                          Christies assets are held because they were in the moving truck with her grannys stuff. As I mentioned in the original post, she was about to head out to relocate to Arizona from Missouri, the cops showed up just minutes before the truck was to leave. So now there will be the issue of Christie getting her stuff out of the truck, or getting granny's stuff out of the truck, whichever, so Christie has her own possessions back.

                          Comment


                          • #14
                            Have her talk to the district attorney as Alice & I suggested. There's not
                            much more we can tell you.

                            We answered the question that the loan had to be repaid from granny's assets &
                            that her granddaughter is not responsible for the debt.

                            The granddaughter will have to try & get her assets back - that's why we suggested
                            talking to the DA.
                            Too often we underestimate the power of a touch, a smile, a kind word, a listening ear, an honest compliment, or the smallest act of caring, all of which have the potential to turn a life around. Leo Buscaglia

                            Live in peace with animals. Animals bring love to our hearts and warmth to our souls.

                            Comment


                            • #15
                              The granddaughter could also talk to the couple about making arrangements to sell the grandmother's belongings and getting her own back.

                              Part of the trouble will be separating the granddaughter's possessions from the grandmother's. The couple will want to make sure that the granddaughter is not taking any valuable items that belong to the grandmother.

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