Legal Question in Wills and Trusts in Georgia

You haven't given us enough information. The answer depends on how your deed was worded and if any creditors had court judgments before he died. You need to retain counsel.

Was your father a resident of Georgia? Did your father leave a will? How was the house owned - as a joint tenancy with right of survivorship? Did any of the creditors get judgments before your father's death?

Depending on how the house was owned, the creditors MAY be able to file a claim with your father's estate for his half of the property. In which case you will probably half to buy out your father's half. If there was a right of survivorship, then your father's half passed to you automatically by reason of your father's death. However, it is necessary to review the deed to be sure.

You do not indicate what the property was worth. Also, what other claims exist? It may be that those claims will have to be satisfied before the credit card debt. Are you the personal representative of the estate? The personal representative usually has discretion to pay all, part or none of a claim. However NO payment of any kind should be made until the personal representative obtains counsel, commences probate, gives proper notice to any creditors and receives ALL of the claims.

I echo the advice of Attorney Ashman. The personal representative named in the will or, if none, either you, any wife or other child, should go to a probate lawyer immediately.