Legal Question in Real Estate Law in Georgia
How do I remove a FIFA if the original debtor is deceased?
2 Answers from Attorneys
Why would you remove a FIFA just because the original debtor is deceased? Does the debt extinguish upon death?
You don't know do you? That's why hiring a lawyer and not screwing things up by doing it yourself is the best course of action. If you decide not to hire a lawyer, don't complain about how "rigged" the legal system is.
Good luck!!
Fifa's don't expire on death. The judgment and debt remain against the estate.
The estate executor (if there is a will) or administrator (if there is no will) must pay debts out of the estate. If you are that person, you need to get a lawyer to assist with probate and work on dealing with the debt. An experienced lawyer can, in some cases, work out a settlement for less than a dollar on the dollar, so don't mess this up by trying to act without a lawyer.