When a will is contested, it can delay the distribution of assets to beneficiaries, often leading to questions about how the estate’s debts will be handled during the dispute. Many people wonder if it’s possible to pay debts while a will is contested, as creditors and other financial obligations often require attention even during legal delays. In Georgia, as in most states, debts and obligations owed by the estate typically take precedence over the distribution of inheritances. But what happens when the estate is tied up in a legal contest?
During the process of contesting a will, the estate may enter probate, which is the legal process of validating the will and settling the deceased’s affairs. While the contest may delay the final distribution of assets, certain expenses and debts can still be paid during this time. These can include funeral expenses, taxes, outstanding bills, and other legitimate debts. Executors or personal representatives of the estate are responsible for ensuring these payments are made, but they must act within the guidelines of the court and probate law.
It’s important to note that if the will is being contested, the court may place restrictions on how the estate’s funds are managed until the dispute is resolved. For example, large distributions to beneficiaries might be frozen, but the court often allows funds to be released to cover necessary expenses or debts. This ensures that creditors are not unfairly harmed during the legal proceedings.
Contesting a will can be a complex and time-consuming process, which is why having an experienced attorney is very important. Our experienced attorneys at Grissom Law, LLC, we can help ensure the estate is properly managed during the dispute, debts are prioritized appropriately, and the rights of all involved parties are protected.
If you have questions about how debts are handled during a dispute or need guidance on protecting your interests, contact us today to schedule a consultation. Whether you’re an executor or a beneficiary, we can help you understand your options to pay debts while a will is contested and ensure the estate is managed properly. We’re here to help guide you through this challenging process with confidence and clarity.
Disclaimer
This Blog/Web Site is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide legal advice. By using this blog site you understand that there is no attorney client relationship between you and Grissom Law, LLC.