Legal Question in Wills and Trusts in Georgia

a legal document was drawn up and recorded in the courthouse. the person died. does the executor have to legally pay this debt. it id in the state of ga

Asked on 4/11/18, 11:13 am

1 Answer from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

There is no way anyone can answer your vague post. What "document?" A deed? A lawsuit? A lien? A divorce? A contempt? A mortgage? What did it say? Who recorded it? What sort of debt? How much? Is it senior or junior to other claims?

As a general rule an executor must pay ALL debts of the deceased, and ALL taxes, and ALL funeral costs, before doing any distributions to heirs. Since a mistake by an executor can mean an executor gets personally sued, NO ONE should ever start a probate without a lawyer.

So before you even start to probate a will, meet with a lawyer and figure out what your job will be.

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Answered on 4/17/18, 2:12 pm

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