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cappy1071 · Aug 16, 2011, 12:34 PM

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I borrowed $2,000.00 from my friend and paid him back $1,000.00 I told him I could not pay the remaining balance at this time because I was going through a hardship and he told me it was okay, to pay him when I had the money. He passed away in a car accident a couple of weeks ago and his girlfriend, who did not live with him, share expenses or a household with him wants me to pay her back the money I owed him. I don't think I should have to pay her back, I did not borrow the money from her. Does she have a legal right to ask me to pay her the money I owed him? Again, they did not share anything together, she was just a girlfriend.

tickle · Aug 16, 2011, 12:35 PM

No, as you explained, she was just a g/f and did not live with him, you do not owe the money to her; but you do owe it to his estate if one exists.

Tick

cappy1071 · Aug 16, 2011, 12:38 PM

HI - I borrowed $2,000.00 from a friend of mine and to date paid him back $1,000.00. I advised my friend I was going through a hardship right now and could not pay him back the remaining $1,000.00 right now. He was okay with it and said to pay him when I can. Unfortunately, my friend passed away in a car accident a few weeks ago. His girlfriend saw the text messages from me and my friend on his phone and has been bother me to pay her back the money I borrowed from my friend. She did not live with my friend, they did not shares expenses or a household. Does she have a legal right to ask me for the money I owe my friend? It was not her money and she did not lend it to me. Again, they did not shares expenses or a household.

Fr_Chuck · Aug 16, 2011, 12:38 PM

You will owe the estate the money, if he had a will and left everything to her, you may owe the estate, which goes to her. But that is unknown with the limited information you gave.

But you do need to be prepared to pay someone back upon demand when the estate gets started.

joypulv · Aug 16, 2011, 12:57 PM

She has no right to demand the money from you.

Wondergirl · Aug 16, 2011, 12:59 PM

I agree with Joy. The girlfriend has no financial or moral or legal right. Ignore her.

cappy1071 · Aug 16, 2011, 01:05 PM

Morally, I feel I should pay back his parents. He was 20 years old when he died in a horrible accident. He did not have an estate but I'm sure his parents are responsible for his bills since he has died. I feel as though she is being sneaky by demanding me to pay her back the money. If I were her, I would have told him parents so and so borrowed money from your son; these were the payment arrangements and left it up to them to decide whether or not they wanted to pursue the money.

joypulv · Aug 16, 2011, 01:11 PM

You sound like a fine and ethical person. It will be a nice gesture to his parents, even if it's money. The GF - I won't comment.

cappy1071 · Aug 16, 2011, 01:14 PM

Morally, I feel as though I should pay back his parents. He was 20 years old and lived with his parents. I'm sure they are responsible for any bills he left behind. I think she is being sneaky by harassing me directly everyday for the money. If I were her I would have consulted with his parents about who owed him money and let them pursue it if they wanted to.

AK lawyer · Aug 16, 2011, 02:49 PM

Originally Posted by cappy1071

... his girlfriend, who did not live with him, share expenses or a household with him wants me to pay her back the money I owed him. ...

Even if they were playing house together, she would get nothing unless he left her something in a will.

I realize it doesn't apply in your situation, but it seems to be fashionable now days for people to cohabit without the benefit of marriage, calling each other gf/bf or "fiance". Apparently marriage just doesn't occur to them. Inheritance is one thing they don't seem to think about. Many will realize their mistake after it's too late.

Anyway, unless she is named in a probated will, she doesn't have any better claim to the money than you do. You were a friend of the deceased. So was she.

And even if she is named in a will, it would be up to the personal represntative (executor) to collect the money from you.

If this $1,000 claim is the only thing your friend had when he died, chances are there won't be a probate case. In many states there are procedures for the next of kin (parent, siblings, etc.) to claim moneys owed a decedent, without going through probate. This is usually accomplished by affidavit, either presented to debtors of the deceased (such as yourself), or to a judicial official. So be ready for that to happen.