OCT. 3, 2001
DEAR TRACI:
No, this would not seem to be true.
Apparently, this attorney does not understand the concept of joint tenancy--that is the advantage of having an asset placed in the names of 2 people, so that property can pass directly to the other person, without having to go through probate. (Politely ask this attorney to look up the term joint tenancy in a legal dictionary.)
If what he is saying is true (that you owe a prorated portion of the debt), then he should be able to back it up by telling you exactly which statute of the Georgia law requires that. I don't think any such concept exists, and I feel you were deliberately misled and conned for whatever money they could get from you. (However, I am not familiar with Georgia law and you would need to consult with a local attorney to get a more definitive answer.)
With an estate valued at over $500,000, they should well be able to afford to pay all of the $100,000 outstanding debts, and then distribute what is left over to heirs/beneficiaries. Even if there was no estate money left over to pay debts, the estate would essentially be bankrupt and the creditors would remain unpaid. It would not be anyone else's responsibility to contribute to paying off any bills unless you just wanted to volunteer to do it out of a sense of responsibility or kindness to your aunt's memory.
If you don't mind having paid the money, then you could let the matter go unchallenged. But if I were you, I would ask an attorney how to go about getting your money back--would you need to file a claim or a letter with the probate court so they could review the matter, etc. Do you expect to be receiving anything else as a beneficiary of this estate?
SINCERELY,
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