Legal Question in Wills and Trusts in Georgia

Estate Question

What is the name of your state? Georgia

I am the Executor and Trustee for my Uncle's Estate. My Uncle's only assets at the time of his death were his Car and money in two bank accounts the were joint with his second wife. The accouts were funded exclusively by my Uncle. In his Will he leaves his car to his wife. He has several debts, including hospital bills and taxes. His wife is incapacitated and her son is acting as her Power of Attorney. He refuses to allow me to use any of this money to pay off my Uncle's debts and the banks position is the money belongs to his wife since he died. Yet he insists that I sign over the car once the will is discharged. My question is A) Can I sell the car to help pay off his debts if I am denied access to the money ? B) Do I have any recourse as far as the money in the Joint account ?

Thanks


Asked on 8/11/03, 10:03 am

1 Answer from Attorneys
Wayne Wisong Wayne Wisong, Attorney at Law

Re: Estate Question

Your uncle's wife's son is correct. If the bank accounts were held in joint name, they outright became hers at the instant of his death, and they are not part of the estate. Therefore, the accounts are not liable for his debts. However, the car is part of the estate and it cannot be distributed until the debts are paid. If they will not give you any money to pay those debts, you have no alternative but to sell the car.

If you have further questions, you can e-mail me at [email protected].

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Answered on 8/11/03, 10:18 am


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