Brother's debt to deceased mother's estate

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Bert

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Mother loaned my brother money before she passed away. He and his wife signed a promissory note stating that the loan would be paid in increments of $100 per week until the loan was paid in full. The note further stated that this loan would be payable to mother's trust estate after she died. Mother died in October, 2007. Brother and his wife have breached the loan terms by not making payments since a month before her death. How may my sister and I, who were also trustees of mother's estate, enforce the promissory note or collect on the debt that my brother and his wife owes?
 
Q: How may my sister and I, who were also trustees of mother's estate, enforce the promissory note or collect on the debt that my brother and his wife owes?

A: Sue bad sib.
 
I would have to guess contract law, as that's what a promissory note would reasonably be. If I'm wrong, I'm sure a contract lawyer would let you know. :D
 
Get a judgement, then if he/she has anything, attach a lien. The problem becomes if you can collect. Some people are pretty much judgement proof.
 
He owes $14,000. I think that is too much for small claims in Arkansas. Guess I will consult with a lawyer... sigh...
 
He owes $14,000. I think that is too much for small claims in Arkansas. Guess I will consult with a lawyer... sigh...

Does the bad person have any money?
 
If he is a beneficiary, the personal representative can offset the loan against his share of the estate. It is not necessary that he repay the loan first.
 
Mother didn't appoint a personal representative; it was suggested by her estate lawyer when she set up the trust, but Mother "just knew" that we siblings would "all get along", and so she didn't heed her lawyer's advice. Since all of the estate has been disbursed except for the proceeds from the sale of Mother's house, may my sister and I simply direct at closing that the amount of the loan be deducted from our brother's portion? Does our brother have a say so to that directive?
 
The promissory note will have to be enforced by the estate. Someone will have to be appointed by the court as the personal representative in order to act for the estate. Talk to the attorney.
 
The promissory note will have to be enforced by the estate. Someone will have to be appointed by the court as the personal representative in order to act for the estate. Talk to the attorney.

Thank you; I will do so.
 
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