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

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?

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Filed under: Probate assets
Attorney answers 3


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 informational in nature only. This attorney may not be licensed in the jurisdiction which you have a question about so the answer could be only general in nature. Visit Steve Zelinger's website:


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 email address is and his website is


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. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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