- Joined
- Jul 20, 2024
- Messages
- 16
- Reaction score
- 80
The ledger is not zeroed. The estate trustees have a fiduciary duty to collect the outstanding balance based on the loan agreement now owed to the estate. Of course the trustees can negotiate with the borrower and alter the terms and sums. Since I am pretty sure Barry always involved lawyers to draw up these loans, rest assured Barry or Honey's death would not eliminate or clear the loan.
The borrowers, no doubt would be fully aware of this fact, and the motive for murder to eliminate the debt would be invalid.
I am looking at the reality of estate litigation - past the "letter of the law". Even if lawyers drew up the paperwork, Barry was the sole witness to the personal side of these deals. Many of these "loans" were actually high-pressure psychological tools. Without Barry there to testify about the verbal conditions, the intent, or the missed payments, a debtor can tie the estate up in court for a decade by claiming Barry had verbally forgiven the debt or changed the terms before he died. In a massive estate, trustees often settle for pennies on the dollar just to stop paying their own lawyers. A trustee’s fiduciary duty is to the beneficiaries, not to the abstract concept of the debt. If the heirs (the new beneficiaries) don't want to sue their own cousin or a family friend for a loan, they can instruct the trustees to settle the debt for a nominal amount or "write it off" as uncollectible. Barry was the only one with the ego and the drive to actually hit the "sue" button; the heirs are often much more likely to want the drama to end.
A desperate debtor doesn't need the debt to vanish legally forever; they just need the immediate pressure to stop. The law says the debt remains, but the will to enforce it died with Barry, which defines the motive as "strategic paralysis" rather than "legal erasure". In my view, this gap between legal paperwork and street reality is the key to understanding this murder. On paper, a long list of debtors might not look like "winners" because, in theory, the debt still exists. But in reality, once the enforcer is gone, the debt is often effectively dead. All IMHO.