What can I do if I took a mortgage out on my home for my late brother’s business but his wife refuses to pay the loan?

UPDATED: Sep 30, 2022

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What can I do if I took a mortgage out on my home for my late brother’s business but his wife refuses to pay the loan?

Am I able to file a claim against his estate? He has several businesses (LLCs). What kind of lawyer would I contact to get advice?

Asked on January 29, 2016 under Business Law, Wisconsin

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

If you loaned him personlly and the loan was not repaid and is currently in default, you could sue the estate. If you loaned one of his LLCs, however, you can only sue the LLC--the owner of an LLC (or his estate) is not liable for debts of the LLC. Any litigator (lawyer who handles lawsuits) should be able to handle a case like this.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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