Legal Question in Credit and Debt Law in Georgia

I have an unsecured bank loan in my name ONLY and not relying on my wife's income. If I die is she responsible for paying that loan?

Asked on 9/18/13, 11:28 am

2 Answers from Attorneys

Glen Ashman Ashman Law Office

No. However, if she is going to inherit from your estate, your estate may have to pay the bill before she gets her inheritance, unless she obtains the estate by years support.

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Answered on 9/18/13, 11:41 am

Your wife is not directly liable but as noted by Attorney Ashman, she may be indirectly liable in the sense that all debts of your estate usually have to be paid before any heirs/beneficiaries get anything other than the family/spousal allowance which is of higher priority and comes before payment of a creditor's claim.

How much is the loan? Do you have a will and/or estate plan in place? Is there a way to cover this with insurance? If you don't have a will, the time for estate planning is now. I suggest that you and your wife consult with a local estate planning attorney, especially if you have young children who are under 18.

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Answered on 9/18/13, 11:43 pm

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