Legal Question in Wills and Trusts in Georgia
Probate Will or not
My father recently passed away, he and my mom have been living with me for approx. 3 years since loosing their home due to a financial situation. My question is, there were no assets in my mom or dads name at the time of his death, do we need to probate his will? The only thing outstanding is an automobile loan that my dad had, this was in his name only and due to his death my mom can no longer afford this payment on social security benefits alone. We are considering taking this vehicle to the bank and surrender the keys and ask them to take it back. The loan is more than the current value of the truck, can the bank hold her responsible in any way. There are a couple of unpaid credit cards in my dads name as well, what can we expect from them. These were also only in my dads name.
I appreciate your time in this matter.
Thanks,
--
2 Answers from Attorneys
Re: Probate Will or not
I would add that if your mother did not sign the note which financed the car, or in any way co-sign or guarantee her husband's credit, she should not be held personally liable for any shortfall to the lender after repossessing the vehicle. The lender's lien survives death and continues attaching to the car, so just surrendering it to the bank may well be an option to stop the payments she cannot afford. But, be darn sure she didn't sign the note, etc.
Re: Probate Will or not
You should seek council about possibilities of not probating the will. A will is required by law to be filed, but not probated. If you probate the will and establish an estate you may subject yourself to creditor claims. Year's support is an option your mother may want to consider with many creditors involved. Seek specific legal advice before proceeding.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
