Q: My husband passed away and had a loan in his name only. Am I still responsible for making payments? He left no will.

A: You are not responsible for any debts that are in your husband's name. A creditor can demand that assets of your husband be sold in order to satisfy the debts. Without looking more deeply into the exact title to the property, it is hard to say how things can work out. IRAs and 401ks have beneficiary designations and belong completely to the named beneficiary without any obligation to pay any debts of the owner of the accounts. You should pay an experienced probate lawyer for an hour of his time to go over your issues to make sure you are handling everything properly.

A: Assuming that a surviving spouse is the designated beneficiary of an IRA and 401k, and the spouse is not liable for the debts, then the IRA and 401k should pass outside the probate estate and not be subject to his debts. However, property in the estate of the decedent is subject to his debts. For example, if the decedent owns a house solely in his name, the house would be property of his probate estate, and subject to his debts. However, Georgia does have a procedure known as "year's support," in which property may be set aside for the benefit of the surviving spouse and/or minor children. Property set aside to the surviving spouse and/or minor children is not subject to the debts of the deceased spouse. The purpose of this response is to provide general information and not legal advice to you. I recommend that you consult with a qualified probate attorney, who can review all facts pertinent to your particular situation and provide you with specific legal advice based on an analysis of those facts.