Legal Question in Credit and Debt Law in Georgia

I need to know more details here. Who was liable on the car note and was a judgment entered here? If only your mother was liable then the debt needs to be paid, if at all, as part of an estate which is probated for her possibly if there are probate assets. If there are no probate assets then the creditor needs told your mother has died, has no probate assets and that no estate will be probated for her.

If your father is liable on the car note either singly or jointly, more information is needed. Was a judgment entered? If not, then your father has time. Also, what does your father own? Any assets owned free and clear? Then these might be at risk of seizure if a judgment was entered. What is his age? Is he going to be returning to the work force? A creditor with a judgment will be able to garnish his wages depending on how much he earns.

I would suggest that your father needs to see an attorney about probating an estate for your mother if he has not already done so. He also needs to have an evaluation done on his debt situation - either with me or with another attorney who specializes in this. This debt can be resolved at some point but I need to know details first. Please have your father contact me if he is interested in resolving this in a non-litigation non-bankruptcy context.