Legal Question in Wills and Trusts in Georgia

I live in Georgia. My wife of 8 years passed away in May, 2010. There is no money in the estate and no other real assetts. She died with approx 18k in credit card debt. Her name is the only one on the cards and no authorized users. She left the house to me and her two daughters who are my step daughters. The house s worth about 80k and there is about 47k owed on it. I keep reading that the CC companies cannot go after the house but does the fact that she left it to 3 people on thirds make a difference? Thanks.

Asked on 8/25/10, 9:15 am

3 Answers from Attorneys

Scott Riddle Law Office of Scott B. Riddle, LLC

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What you read could be very wrong, as it is not the case that creditors can't go after real property left to the spouse, or anyone else. In some cases that is true, but no one here has the deeds, the will, or any other relevant documents. You need to see a probate lawyer to discuss the estate and make sure it is properly handled because from your post, that could be in question.

Answered on 8/30/10, 9:26 am

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Phillip M. Cook Cook Legal Services, LLC

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You should hire a Georgia real estate or estates/trust lawyer to review your deed (if left through joint tenancy with rights of survivorship) and/or you wife's will/probate docs, etc. These hold the key to the answer. IF the cc company can come after you as a result of the marital relationship, they can only go after your 1/3.

*******Best of luck.The above is for informational purposes only and does not create an attorney-client relationship.*******

Answered on 8/30/10, 9:29 am

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