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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

  1. 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.

  2. 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.

  3. 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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