Upon Carol’s refusal to pay the loan, Anthony brings suit against Carol for payment of the loan. Is Carol bound by her promise to pay the loan?

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Upon Carol’s refusal to pay the loan, Anthony brings suit against Carol for payment of the loan. Is Carol bound by her promise to pay the loan?

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Anthony lends money to Frank. Frank dies without having paid the loan. Frank’s widow, Carol, promises Anthony to repay the loan. Upon Carol’s refusal to pay the loan, Anthony brings suit against Carol for payment of the loan. Is Carol bound by her promise to pay the loan?

Explanation & AnswerSolution by a verified expert

Explanation

The general rule regarding payment of debt of a deceased person is that it should be collected from the estate the deceased person owns and not from its family member. Individual C may feel morally obligated to pay the debt, but she is not legally responsible to pay it. Individual A should file a suit against the Individual F's estate, instead of Individual C's estate, to collect  debt.

Verified Answer

Individual C may not be bound to pay the debt as debt of deceased person is generally collected by the estate a person owns.

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