Legal Question in Elder Law in Georgia

Financial Obligations of the surviving spouse

My step-dad passed away 2 months ago. He had some debt that was in his name only. His creditors are now calling my mother wanting her to pay on these accounts. Since my mother probated the will is she now responsible for his debts?

We live in the state of Georgia.


Asked on 1/07/08, 8:17 pm

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: Financial Obligations of the surviving spouse

You should consult with a local attorney who will want to review the will and specific information regarding the debts. Do not hesitate to contact my firm if you are not already working with someone.

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Answered on 1/07/08, 8:52 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: Financial Obligations of the surviving spouse

Your mother may not be personally liable, but the estate is. That mean the debts need to be paid prior to other distributions under the will. If assets are improperly distributed without paying debts, the responsible people may face some liability. If this is the case, see a lawyer who regularly handles estates as a substantial part of the practice - not just a lawyer who offers to take the case.

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Answered on 1/07/08, 8:57 pm


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