Legal Question in Credit and Debt Law in Georgia

Becoming a widow/debt responsibility

I recently discovered that my disabled husband in in debt for about $40 thousand. I was totally unaware of this situation. If he passes away - Am I responsible for this debt? How can I protect myself from his actions?


Asked on 12/26/07, 11:44 am

2 Answers from Attorneys

Paula McGill Attorney at Law

Re: Becoming a widow/debt responsibility

I agree with the possible solutions already published. However, another solution to protect your house, at least, is to have your husband transfer the property to you under a quitclaim deed where you become the sole owner of the property. Another avenue is for him to transfer his share under a life estate. Where he retains his portion under a life estate and gives you a remainder. Therefore, once he dies, it automatically goes to you.

If you want more information about these options you should obtain counsel who specializes in trusts and estates and/or real estate. I don't practice in this area; so I cannot assist you other than giving you the basic information noted above.

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Answered on 12/27/07, 11:51 am
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Re: Becoming a widow/debt responsibility

If you cosigned for any of it, you are. If not, you are not.

However, that money comes out of his estate before you inherit anything, so if he dies owning anything (like a car or home) instead of you getting it it may get sold to pay creditors.

You may want to have him look into bankruptcy so he doesn't leave that problem. (My office handles those and it possibly might assist here).

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Answered on 12/26/07, 11:52 am


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