I had made a loan to my brother to purchase a guitar. He passed away before the instrument was paid for.

Asked over 1 year ago - Myrtle Beach, SC

Are his children entitled to this instrument if we have a notarized signed paper that it comes to me if not paid in full within 18 months?

Attorney answers (3)

  1. Steven M Zelinger

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . How formal is the loan? Technically you have a claim as a creditor against his estate - which means you can require the estate to pay you back for the unpaid balance or if you have a security interest in writing you could demand the item back. You are entitled to make a claim against the estate.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  2. J. Ashley Twombley

    Contributor Level 9

    1

    Lawyer agrees

    Answered . Generally, you would have a claim as a creditor against your brother's estate. Whether or not you have the legal right to take back possession of the property would depend on exactly what the loan agreement says. Your description of what it says suggest you would, after 18 months.

    Mr. Twombley is licensed to practice law in South Carolina and Georgia. His phone number is 843-982-0100, his... more
  3. James P. Frederick

    Contributor Level 20

    Answered . I agree with my colleagues. If there is an estate, you should make a claim against it. If there is not an estate, you are in a tougher position. Your nieces/nephews *should* pay for this. But if they do not, you would need to take them to court. That would be very unpleasant for everyone concerned.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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