Legal Question in Family Law in Georgia
Debts leftover from divorce
My sister died recently. She had several debts totaling over $24,000 that were rung up while married. Ex-husband was responsible for paying those debts according to the divorce settlement, but only paid around $9,400, and nothing since 2005. Can he be held responsible for those debts, and if so, how do I go about informing the creditors of this? I am the administrator of my sister's estate.
Thanks
2 Answers from Attorneys
Re: Debts leftover from divorce
Your sister's estate may have a claim against the ex-husband. That does not relieve the estate of liability for your sister's debts. A divorce decree is generally not binding on creditors - it is binding only on the parties before the court.
Re: Debts leftover from divorce
As administrator, you MUST pay or settle those debts out of the estate before you pay heirs. You also MAY have a right on behalf of the estate, and you need to discuss all this with your lawyer (as this is not a do it yourself project), to sue him to recover what you pay. A good lawyer may be able to help negotiate the bills where some or all of the debt may not be paid, so this is a case where you possiblyy spend more money without a lawyer than with one.