Legal Question in Wills and Trusts in Georgia

Death

My mother died and she had a few bills remaining i.e credit cards and a furniture bill. These bills where only in her name. My father is still living in thier home. I am her only son. Do we have to still pay these bills?


Asked on 5/22/03, 11:20 am

2 Answers from Attorneys

Randall A. Lenz Randall A. Lenz, Atty, CPA

Re: Death and Debts

Your mother's estate is responsible for payment of her debts from property she owned at the time of her death. There is a priority for who receives payments if the estate is insufficient to pay all obligations (including executors fees, professional fees and a years support for the remaining spouse). Neither you nor the father are responsible individually for paying the debts of your mother's estate.

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Answered on 5/22/03, 11:57 am
Lynwood Jordan Lynwwod Jordan, Attorney at Law

Re: Death

I agree with Mr. Lentz. Also, please understand that under Georgia law debts must be paid before heirs inherit anything; therefore, if one owns real or personal property at the time of his or her death, such property does not pass to the heirs until debts are paid.

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Answered on 5/22/03, 12:57 pm


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