Hrushka is the executor of her father's will. She does not want to liquidate any part of his stock portfolio at this time to pay off a large debt he owed Tom because the market is very low and she would get better value later in the year. Her verbal promise to Tom that she will repay him herself is enforceable.

Question

BlackTom AI · Accepted Answer

First, let's restate the core scenario to ensure clarity: Hrushka, as the executor of her father's will, declines to liquidate stock to pay a large debt Tom owes, hoping to realize better value later. She makes a verbal promise to Tom that she will repay him herself. The question asks whether this verbal promise is enforceable.
Option 1: True. Why this is not correct: The statement asserts that Hrushka’s verbal promise to repay Tom personally is enforceable. In probate and contract contexts, an executor’s duty is to administer the estate and pay its debts from estate assets. A promise by the executor to pay a third party from her own funds is not automatically enforceable against the executor unless she actually signs a contract or guarantees the debt in a legally binding way. Since the promise was verbal and concerns payment of the decedent's debts from estate assets, it does not create a personal, enforceable obligation on Hrushka to pay Tom out of her own pocket. 
Option 2: False. Why this is correct: The executor is generally not personally liable for the debts of the estate simply by promising to pay them herself; the estate bears the liability, and creditors must be paid from estate assets. An oral promise by the executor to reimburse a creditor from her own funds does not usually impose a personal obligation enforceable against her, unless there is a separate contract or surety arrangement (and even then, the creditor would typically sue the executor only if such a contract exists). Additionally, the promisor’s lack of consideration for a gratuitous promise means it may not be enforceable as a contract. Therefore, the statement that the verbal promise is enforceable is not accurate.
Option 1 elaboration (to contrast with incorrect): The claim that the promise is enforceable would require that Hrushka personally guarantee payment or that consideration exists to support a contract—neither is established here. Moreover, probate law prioritizes paying estate debts from estate assets; a personal promise without a formal guarantee does not create a binding personal obligation. 
Option 2 elaboration (to reinforce correctness): Since the debt is that of the estate and the executor’s duty is to manage the estate, not to personally guarantee its debts, a unilateral verbal promise to repay personally does not convert into an enforceable obligation against Hrushka. The lack of a written guarantee and the absence of consideration for a new contract further undermine enforceability.

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