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What obligation does a BORROWER have in the event that a death occurs with the LENDER in a simple loan agreement?

Los Angeles, CA |
Filed under: Intestacy and probate

What is an acceptable agreement between a BORROWER and LENDER in the event that death comes to the LENDER? Does the BORROWER still have to pay the loan? But to whom? What could be put in a loan agreement between these two parties to protect the LENDER?

Attorney Answers 1

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The borrower's estate is liable for the payment to the lender in the event of death of the borrower. The same holds true for the lender's estate. The lender's estate may continue to collect from the borrower. This is generally done through the probate court (in the event of a will or intestate succession (no will) or through the trustee in the trust administration. The borrower will need to contact the estate representative to determine correct payment contact information. You may also go into the California court system online and check by party name to determine whether or not a probate has been filed. Start in the county in which the decedent passed away in. General language in a loan agreement that contacts the language, "borrower, its subsidiaries, assigns, agents, representative, heirs, estate etc." is generally used to protect the lendor to be able to collect from the estate.

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