Legal Question in Credit and Debt Law in Georgia

My mother passed away and has a loan with a finance company the collateral was a 1999 oldsmobile alero. my brother and i never signed any papers. my brother was paying the payment but is no longer able to pay it. the finance company is now threatening him with putting a lien on the property. neither one of us is executor of my mother. can they do this being as she is passed away and she was the only one on the loan? please advise if possible with brief info. thank you for your time!


Asked on 2/17/11, 4:48 am

2 Answers from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Creditors get paid before heirs so neither one of you should have the car unless the creditor was paid. It sounds like you handled things without a lawyer and now will have to pay a lawyer to sort out what was a preventable mess. Get a lawyer immediately.

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Answered on 2/17/11, 5:19 am
Paula McGill Attorney at Law

If there is an executor, the executor has to handle it. If the estate doesn't have an executor, now is the time to open an estate and resolve this matter. You or your brother can petition the court to become the personal representative.

Also, to obtain more information about probate matters, go to the Georgia Probate Court website. www.gaprobate.org.

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Answered on 2/17/11, 7:03 am


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