Legal Question in Bankruptcy in Georgia

i have been named administrator for my mother who just passed. my father also passed a year ago. they left no will. their estate is worth less than $60K. they left dr bills more than $300K. can i file bankruptcy on behalf of the estate?


Asked on 9/11/10, 6:25 pm

1 Answer from Attorneys
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

No, estates cannot file bankruptcy.

You likely made a huge mistake in not seeking counsel before filing to be Administrator.

As a general rule, where debts exceed assets, it is better to never seek to administer an estate (there are rare exceptions, but with the numbers you givem your case is unlikely to be an exception). Since creditors come before heirs, you will do a lot of work to referee creditors who are all upset at partial payments. You'll get lots of blame and headaches, with no real reward.

See an attorney now as to how and whether you might be able to extricate yourself from a mess that you may be in and didn't have to be in.

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Answered on 9/16/10, 6:35 pm


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