My Dads legal debt, although passed away

UPDATED: Oct 1, 2022

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My Dads legal debt, although passed away

My Dad owed his girlfriend 4000, but didnt
pay it before he passed away, although he
could have. The estate was divided up
between his 4 childrenadults. 3 months later,
she sent a letter asking for the 4k, indicating
that he owed her said amount, but all she has
as proof is a check she wrote out to him for
Is she entitled to any of that amount?

Asked on March 8, 2018 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

1) First, she'd have to prove it was a loan, with an obligation to repay; simply showing that a girfriend gave her significant other a check does not, by itself, prove an obligation to pay, since romantic partners give each other gifts all the time. So if all she has is a check from her to him, that is a long way from proving anything.
2) Second, if there was an obligation to repay, that would become an estate debt: his estate (money and assets left behind) would be obligated to pay IF she presented the claim before probate was closed, during the correct time period to present claims vs. the estate. If she did not present her claim until after the estate was probated and assets distributed, she is too late.

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 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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