Legal Question in Wills and Trusts in Georgia

My brother passed away recently, and I am listed as the POD on his checking and savings account. He had no property, so there will be no reason to go to probate. As his POD, am I expected to pay his bills with this money? That is my intention, but I want to know what I am legally obligated to do. He also had an insurance policy and I am the beneficiary. From what I understand, that money cannot be touched by his creditors. I would like to also confirm that. Thank you.


Asked on 6/10/17, 1:52 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss. I am assuming this is in Georgia as laws vary by state. In Georgia, ifyou are NOT a cosigner on his debts, both insurance that names you as beneficiary and POD accounts at the bank pass to you with no amount due to creditors. As a general rule, you should NOT pay his debts tothe extent you're not liable for them. (Be careful with funeral expenses you may have signed for as you may have liability there). There occasionally MAY be reasons to probate an estate that has no obvious assets (such as to pursue a malpractice or PI claim, to deal with pending tax matters, etc) so before making final decisions on what to do, see counsel.

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Answered on 6/10/17, 2:27 pm


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