QUESTION

Is art considered an asset that can be used to pay a deceased person's debt in the probate period?

Asked on Apr 15th, 2015 on Wills and Probate - Georgia
More details to this question:
My father passed away and he had debt. I was wondering if the art he created, that was once sold but that the time of his death wasn't being sold and didn't even have a copyright on it, can it be taken to pay his debts?
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Yes, art is an asset that, if it belonged to a deceased person, can be used to pay his debts. If the art is of little value, creditors might not pursue it, but the correct legal answer is that ANY asset belonging to the estate can, and if necessary, should be used to pay debts. If your father was a Georgia resident, and he had a surviving spouse or surviving minor child, then the spouse or child may be able to make a year's support claim and step in front of the creditors. Otherwise, creditors are supposed to get paid before the beneficiaries do.
Answered on Apr 15th, 2015 at 12:40 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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