Legal Question in Wills and Trusts in Georgia

Mother died no will

My mother died 9/13. She had no will. She has 2 children. She was not married, was buying a house, had a car valued at approx $1000.00 and approx $1000. in her checking account. She has aprox $15,000. in credit card bills. Countlesss thousands in medical bills. Neither child wants the house. She knew she was dying and gave all her personal things to the children. The house has been cleaned out of all the things they wanted, the rest was donated to goodwill per her request. What if neither child wants the car? We do not want to mess with probate, etc. If we do get the car and bank account out of her name, will the money go to paying her medical bills anyway?

Is it worth the trouble, since she left no will, executer, etc we were planning on notifying the mortgage company of her death and they can repo the house. Since she had no estate do we just notify her debtors?

She had enough life insurance to pay the funeral and a small retirement with daughter as benificiary. Is the daughter resposible to spend that money on her bills? What if funeral arrangments were paid from that and she keeps the money from the insurance, does that have to go to paying her bills?

Thanks in advance.


Asked on 9/17/05, 2:02 am

1 Answer from Attorneys

Glenn M. Lyon, Esq. MacGREGOR LYON, LLC, Business Attorneys

Re: Mother died no will

The debts of the estate will need to be paid off first. Insurance benefit proceeds do not run through the estate if a proper beneficiary is named.

If you would like to discuss any issues further, please feel free to contact my office. My contact information is below. Thank you.

The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Glenn M. Lyon, Esq

MacGregor Lyon, LLC

Promenade II

1230 Peachtree Street NE

Suite 1900

Atlanta Georgia 30309

Phone 404.942.3545

Fax 404.795.0993

[email protected]

www.macgregorlyon.com

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Answered on 9/19/05, 10:21 am


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