QUESTION

estate

Asked on Jun 15th, 2022 on Wills and Probate - Georgia
More details to this question:
information requested my daughter passed away in march 2022 she has no assets just debt what is the reason that she may need a estate set up for her I live in pomona ny she lived in georgia this is for information only
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2 ANSWERS

Wills Attorney serving Alpharetta, GA
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Please accept my condolences on the loss of your daughter. As for your question, if your daughter truly had no assets, only debts, then you likely do not need to open an estate for her. Just abandon any assets that she did have, tell any creditors that you know of that she has passed on but that no estate will be opened because there are no assets and so there will be no administrator or executor, and that's it. If she did have a Will, you need to file the original Will for informational purposes only with the appropriate probate court, as required by Georgia law, if you have the original Will. If she did not have a Will, then there may be no need to do anything. Essentially, you need to open an estate for someone if they have assets that need to be dealt with. "Assets" includes the usual items like real estate, a car, personal possession, and bank or brokerage accounts. It could also include a right to receive money, such as money from a lawsuit, a tax refund, or an asset sale. If someone truly has no assets, or if the assets they have are worth less than the debts they owe, then can be the best course of action for the family members who survive them NOT to do anything with the estate. Please note, however: If you really want to know what you may need to do, you should consult an attorney. This forum is not a substitute for an actual consultation with an attorney, because no one in this forum can actually ask you the questions and get the information needed to be sure that they are giving you the right advice. But it is possible that you may not need to open your daughter's estate. Best wishes to you.
Answered on Jun 17th, 2022 at 9:03 AM

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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Probate Litigation Attorney serving Lawrenceville, GA at Robert W. Hughes & Associates, P.C.
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If she has no assets, there is no reason to open an estate.
Answered on Jun 16th, 2022 at 5:21 PM

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