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promissory note?

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D

dobroman

Junior Member
What is the name of your state (only U.S. law)?
Texas
Before I married my wife, her father borrowed a lot of money from her and gave her a promissory note. He never paid any of it.

My father-in-law passed away several years ago. I mentioned the promissory note to my mother-in-law but I don't know if it was included in probate. My wife is very sensitive to this issue so we don't discuss it.

When mother-in-law passes away should I pursue this or is it too late?
 


D

Dandy Don

Senior Member
Look at father-in-laws probate file to see if mother in law was executor. How much money are we talking about here? If mother in law was executor, then consult with a local attorney to find out your options to see if executor had a responsibility to pay this if the estate could afford it.

Please explain why you didn't follow up more closely on this when father-in-law's estate was being probated. A claim against the estate should have been filed then instead of just discussing it with mother-in-law and leaving it be.

DANDY DON IN OKLAHOMA ([email protected])
 
A

anteater

Senior Member
Dandy Don said:
Look at father-in-laws probate file to see if mother in law was executor. How much money are we talking about here? If mother in law was executor, then consult with a local attorney to find out your options to see if executor had a responsibility to pay this if the estate could afford it.

Please explain why you didn't follow up more closely on this when father-in-law's estate was being probated. A claim against the estate should have been filed then instead of just discussing it with mother-in-law and leaving it be.

DANDY DON IN OKLAHOMA ([email protected])
Click to expand...
Please explain how the OP has any standing in this matter.

Before I married my wife, her father borrowed a lot of money from her and gave her a promissory note. He never paid any of it.

My father-in-law passed away several years ago. I mentioned the promissory note to my mother-in-law but I don't know if it was included in probate. My wife is very sensitive to this issue so we don't discuss it.
Click to expand...
 
N

nextwife

Senior Member
anteater said:
Please explain how the OP has any standing in this matter.
Click to expand...
Agreed. It is a PREMARITAL financial matter between wife and her father. Wife chose not to pursue it, for her own reasons. This poster has NO right to pursue payment, it is not a debt to him, or a "marital asset".
 
D

Dandy Don

Senior Member
How much is the promissory note for? It is too late to do anything about it now, and if you pursue it further it will cause a rift in your relationship with your wife and mother in law. If your wife is willing to forgive this debt, you should too.
 
T

Texas Pooh

Member
Absolutely nothing to you, actually

In Texas, you have absolutely no standing to pursue the claim against FIL's estate. Only your wife was able to do that. In addition, the claim was likely extinguished when it was not asserted against FIL's estate, depending on when FIL passed and what assets were even available to pay creditors at that time.

The note did not survive FIL's estate and is not a debt of MIL.

And, by the way, when MIL passes, any inheritance is your wife's alone. You get nothing.
 
N

nextwife

Senior Member
YOU have repeatedly been told that you are a third party and have ZERO rights regarding this matter. It is irrelevant how much it was, what the interest rate was. You have no rights to do anything to collect, EVEN if it were possible, which it is NOT.
 
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