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Estate Planning and Credit Card Debt in Georgia

Posted by Joel Beck | Jun 30, 2023 | 0 Comments

Discussing topics such as death and financial obligations can be daunting. Nevertheless, gaining a comprehensive understanding is essential, particularly for those dealing with significant credit card debt. We frequently encounter the question, "Will my heirs be liable for my credit card debt in Georgia?" This article strives to explain this complex topic in an understandable manner.

Rest assured that your heirs are typically not held accountable for your credit card debt unless they have explicitly consented to share responsibility as co-signers or joint borrowers. Yet, this does not imply your debt disappears upon your passing. Instead, your estate, encompassing all property left behind, is responsible for settling any valid debts, including credit card debt.

Understanding the Role of Your Estate 

The person tasked with overseeing your estate, often referred to as the executor or administrator, is obliged to inform your creditors, which includes those holding your credit card debt. These creditors are then given the opportunity to stake their claims. If your estate has sufficient assets, these will be used to pay off your creditors before any distribution to your heirs as stipulated in your will or according to Georgia's laws of intestacy.

Primarily, your estate pertains to your probate estate or the property distributed through your will. This usually excludes items like life insurance policies, bank accounts, and financial accounts (such as IRAs and 401Ks) with beneficiary designations, which are directly transferred to your beneficiaries outside of your will.

Key Aspects of Georgia Law 

In instances where your probate estate is insufficient to settle your valid debts, your non-probate assets may be employed to discharge your obligations. Georgia law's stance on this matter is relatively ambiguous. While some states have specific laws outlining non-probate asset beneficiaries' liability for the estate's debts, Georgia law is comparatively less definitive.

Practically, a life insurance beneficiary won't be liable for the estate's debts. However, it's uncertain whether a beneficiary of a bank account or an investment account could be held responsible. If they are implicated, their obligation would only extend to the amount they inherited from your estate, without any contribution from their personal assets.

Partner with Peach State Wills & Trusts for Effective Estate Planning 

Navigating the convergence of debt and estate planning can appear daunting. But, equipping yourself with basic knowledge can mitigate stress. As is often the case in legal situations, precision is crucial. Therefore, partnering with an experienced Estate Planning Lawyer in Georgia, capable of offering insights into these complex issues, is recommended.

Contact Peach State Wills & Trusts at (678)-344-5342 for estate planning guidance in Georgia today.

If you have any questions about estate planning in Georgia, you can download our free guide here, no strings attached.

About the Author

Joel Beck

Joel Beck founded The Beck Law Firm, LLC in 2007. His firm focused on business law and estate planning needs of clients, two areas that he was drawn to based upon personal and business experiences in his life, including a ten-year career at NASD (now known as FINRA).


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