Legal Question in Wills and Trusts in Georgia
My wife is deceased and has a car loan which is not in my name. I inherited the loan payments. Do I need to go to probate court if I want to pay off the loan and recieve the title. Thanks,
2 Answers from Attorneys
See a lawyer. You don't just "go to Probate Court." Depending on what is in her estate, there may be ways a lawyer can speed up things and save you money.
No, you did not necessarily inherit the loan payments.
Before you do anything, see a probate lawyer. The lawyer will want to know when your wife died, whether she had a will and what was the extent of her assets and debts, so start gathering information about that. Depending on the estate, if you want to keep the car, you may be able to get the car assigned to you as part of your spousal allowance, but you would have to keep paying for the car. Also, it will depend on what the car is worth. If $10,000 is owed and the car is worth $5,000, it would not make much sense to keep it if there are no other real assets in the estate. But only a lawyer can assist you. If the estate is very small, then you might be able to use the summary estate procedure, but first you need to see a probate lawyer.
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If only assests are one half on home does will need to be probated Asked 6/23/10, 11:23 am in United States Georgia Probate, Trusts, Wills & Estates