Legal Question in Credit and Debt Law in Georgia
In Georgia...house and car in both my name and my 26 year old daughter's. Charge card is in my name only. When I die, can creditors take the house & vehicle from my daughter to pay for my charge card bill and if everything is in her name, will anything have to be probater when I die?
2 Answers from Attorneys
You should consult with a local attorney to examine the title to the car as well as the house to make sure they are set up correctly so that creditors cannot go after them.
Your assets (including your portion of joint property owned after your death) will be used to pay your debts. It is not "taking it from your daughter" if she only has a partial interest to begin with. As far as transferring assets to shield them from creditors, that is called a fraudulent conveyance.
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