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


Asked on 1/27/08, 8:31 am

2 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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.

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Answered on 1/27/08, 8:37 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

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.

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Answered on 1/27/08, 8:37 am


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