Legal Question in Wills and Trusts in Georgia

My Mother and Dad are both deceased this year. The only assests owned is their home

which is in my name, daughter, and dad. They owed Discover card, Is this a secured debt.

Can they take a lien on the house for paymnet.


Asked on 9/27/10, 7:11 pm

2 Answers from Attorneys

Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

I am sorry for your loss.

I think you have a major misunderstanding of debts and probate.

Creditors - secured AND unsecured - must be paid before heirs get anything.

However, depending on the wording of the deed, the house may or may not be part of the estate.

It is very important that you see an attorney before you do anything. Do NOT talk to Discover until you do.

I practice this type of law and am fairly near you, so, if you wish, call me for an appointment. I will want to see the house deed, as well as any wills. My number is 404-768-3509.

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Answered on 10/02/10, 7:25 pm
Paula McGill Attorney at Law

Who is the executor or personal representative of the estate? They should know how to handle the matter. Moreover, there may be insurance or other assets that may pay off the debts of the estate.

Before contacting an attorney, you may want to talk with the executor or consult with the Georgia probate website www.gaprobate.org. Thereafter, if you still need to consult with a lawyer, you can contact me (770)367-1234. I any event, at this point, you are not personally liable for your parents' debts. All too often, these creditors attempt to guilt survivors into paying debts.

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Answered on 10/03/10, 8:38 am


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