Can healthcare creditors come after someone’s car after they die if it is transfered to a son or daughter?

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Can healthcare creditors come after someone’s car after they die if it is transfered to a son or daughter?

Father wants to give his car to his son while in hospice as son’s car isn’t working. Need to know if doctors and hospitals who are owed more than he has can come and take the car? Transfer before death best?

Asked on April 6, 2012 under Estate Planning, Georgia

Answers:

Paula McGill / Paula J. McGill, Attorney at Law

Answered 9 years ago | Contributor

If the car is free and clear (without a car note), it is probably better to transfer the car before death to remove it from your estate. Any assets left in your estate will be used for debt if you don't designate the order of the assets to be sold to satisfy your liabilities.  Moreover, even if you establish the order of sale to satsify your liabilities, if there are insufficient liabilities, the car canl still be sold to satisfy the debt.  

 


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