How to Dispute a Bill Inherited From a Deceased Spouse in Georgia

Untangling your financial affairs from a deceased spouse's financial matters is sometimes a complicated undertaking. The laws regarding how one spouse's debt impacts the other spouse differ from state to state. Community property states usually rule that the surviving spouse inherits the deceased spouse's debts. Georgia is not a community property state. Under Georgia law, the deceased's estate is responsible for any debts incurred during the person's life. Surviving spouses are only responsible for debts that were incurred jointly.

Instructions

1

Request the holder of the debt to verify the debt. The individual must provide proof of the debt, usually within 30 days. Proof that you were not listed on the application for the credit card, loan, or other debt usually means that, under Georgia law, you are not responsible to pay off the debt.

2

Make a copy of the will. Under Georgia law, the deceased's estate must settle debts before any bequests made in the will are paid out. While an innocent spouse who did not assume responsibility for the debt (for example, by signing an application) does not have to settle the debt, the deceased's estate must cover debts before paying out bequests, including those to a spouse. If the estate does not cover the amount of the debt, assemble all of the paperwork associated with the estate (bank statements, brokerage accounts and property deeds) and submit it to the debt holder. If the surviving spouse did agree to the debt before the deceased's death, he is responsible for any amount not covered by the estate.

3

Write a letter to the holder of the debt. Explain that you were not a signor of the debt and, therefore, you are not responsible to pay off the debt. If the spouse left an estate, refer the party to the executor of the estate. Send the letter via registered mail to the company holding the debt.

4

Contact the three major credit unions and dispute the debt.

5

Meet with an attorney licensed in Georgia if the company holding the debt continues to press you for payment.