QUESTION

Do I need a lawyer to file an affidavit of heirship in GA?

Asked on Aug 04th, 2014 on Wills and Probate - Georgia
More details to this question:
My dad died a few months ago, left nothing but tons of credit card debt and a nearly paid off Harley motorcycle. I have the Harley, and have made the last few payments on it, it is ready to be paid off with the final payment. However, they demand an affidavit of heirship to send the title to me and I don't want to have my father's estate go into probate and lose the Harley to his debtors. What should I do?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
You don't need a lawyer to help you file an affidavit of heirship. If your dad didn't have a Will, and if you are his only heir, then it would normally be permissible for you to use the affidavit to transfer the Harley to yourself. However, the bad news is this: you are not free to keep it, even if you have paid off part of the existing loan on the bike. It was an asset which belonged to your father, and if it has any equity value, that value must be used to help pay off his other creditors BEFORE anything can be legally distributed to you or any other heir. If you want to keep the bike, you need to figure out how to pay the estate for the equity your dad had at his death (any payments you made after his own death with your own funds can be counted as part of the purchase price). However, you CAN'T just keep the bike. If you do, the other creditors can try to come after you. In order for someone to legally sell the bike, an Administrator must be appointed for the estate (or an Executor, if he did have a Will). That could possibly be you. But if you become the Administrator, you need to be extremely certain that you handle everything properly. Be prepared to have the Harley appraised and to provide evidence of how much remained due on the loan at the time your dad died, as well as each and every dollar you paid for the loan (you need to be able to show both what payments you made AND that they came out of your funds, not estate funds). Any cash you pay to the estate needs to be used to properly pay all other creditors (including your own fees as Administrator, possibly), in the proper order of priority (this is set out in Georgia law), and to make appropriate notification to all creditors, known and unknown. If there aren't enough assets to pay all the creditors and you have done everything properly, then you can keep the Harley (after you've paid for the equity) and close the estate, and the unpaid amounts due from the estate will have to be written off (assuming no one else is already liable on those). But if you mishandle this, the other creditors can come after you personally, because you will effectively have stolen estate assets to which they were entitled. I'm sorry to have to be the bearer of bad news, but the Harley is already in your dad's probate estate, and it is already subject to the claims of his creditors. Find a good probate attorney and have them help you figure out how to clean up the mess your dad left properly, before his debts become your problem.
Answered on Aug 04th, 2014 at 12:12 PM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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