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

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  • Betty3
    replied
    I understand. She can decide. We were just giving some options. At least she
    knows she is not responsible for granny's debts.

    Leave a comment:


  • ChipWiegand
    replied
    Originally posted by Betty3 View Post
    Does granddaughter know if granny had a will? If so, it needs to be submitted
    for probate. If there is no will, granddaughter can still open probate. The people
    can make a claim against the estate for the money they are owed. Sometimes all
    creditors do not get paid depending on whether there are enough assets to pay
    everyone.

    Good luck to her.

    If she wants, she can still try talking to the DA also to try & get the property back at
    this time or just go the probate route. The property should not be held like that.
    I left her a message, my guess is she will do whatever she has to to pay them and get it over with so she can get the truck and get on with relocating to Arizona, I don't think she likes sitting in an empty apartment in the meantime.

    Leave a comment:


  • Betty3
    replied
    Does granddaughter know if granny had a will? If so, it needs to be submitted
    for probate. If there is no will, granddaughter can still open probate. The people
    can make a claim against the estate for the money they are owed. Sometimes all
    creditors do not get paid depending on whether there are enough assets to pay
    everyone.

    Good luck to her.

    If she wants, she can still try talking to the DA also to try & get the property back at
    this time or just go the probate route. The property should not be held like that.

    Leave a comment:


  • Marketeer
    replied
    Please see Missouri code section 473.444 -- the timeframe for creditors to submit a claim to the estate is one year, not 180 days.

    It doesn't sound like your friend opened probate. She should probably do that and have herself appointed as the administrator of her grandmother's estate, because it's letters of administration from the court that would give her the right to remove anything from her grandmother's home, not her relationship to her grandmother. Once probate has been opened, the law states the order in which the debts of the deceased must be paid. Recouping the cost of funeral expenses and the administrator's fee usually rank higher than debts to unsecured creditors, which may be a way to retain some assets.

    Leave a comment:


  • HRinMA
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • ChipWiegand
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    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.

    Leave a comment:


  • Alice Dodd
    replied
    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.

    Leave a comment:


  • ChipWiegand
    replied
    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.

    Leave a comment:


  • Betty3
    replied
    I agree with Alice - the debt is owed from granny's assets (estate). The granddaughter
    is not responsible for the money borrowed though.

    Leave a comment:


  • Alice Dodd
    replied
    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?

    Leave a comment:


  • ChipWiegand
    replied
    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.

    Leave a comment:


  • HRinMA
    replied
    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.

    Leave a comment:


  • ChipWiegand
    replied
    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.

    Leave a comment:

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