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Family loan five years ago, now I am being asked to provide some additional "security" in the form of a Will bequest.

San Juan Capistrano, CA |

There was no paperwork for this loan when it was given just a verbal understanding. If I provide a written acknowledgement stating that the funds were borrowed and will be repaid in my will, is my will be legally enforceable in the State of California?

Attorney Answers 3


If you pass away, and you have a will that says your estate will pay a family member back $5,000 from your assets it is enforceable in any state. It also confirms the debt.

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Interesting. The statute of limitations on an oral agreement is two years. Absent other factors (e.g. Continuing promises to pay) the debt could be unenforceable.

Writing it into a will does acknowledge the debt. However whether your will is enforceable is a totally different matter having to do with witnessing, etc.

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Your will could be changed everyday-so it does not provide any "security".
However-if not changed-it could satisfy the loan if the amount devised is in line with the amount owed.

The answer given does not imply that an attorney-client relationship has been established and your best course of action is to have legal representation in this matter.

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