Florida Trust & Probate Attorneys Blog
By Phillip B. Rarick, Esq. and Jacqueline R. Bowden, Esq.
In Florida, when you die, your debts remain in your estate – and are not transferred to a surviving spouse or family member. However, this simple legal concept does not stop some creditors from harassing the surviving spouse or a family member into payment of a debt for which they have no legal obligation.
Creditors may strike immediately after death, showing empathy and false kindness, and then try to convince the surviving spouse they have a legal or moral obligation to pay. Beware and do not pay until you have consulted an attorney.
Creditors are exploiting a common misconception that if your spouse dies with a debt that you are also responsible for it. In most cases, the surviving spouse is not responsible. The most common situation is credit card debt. Example: Your husband signed a contract for a credit card, and you did not sign anything. He dies with a $12,000 balance on the card. You are not responsible for this debt in Florida.
The creditor has a legal remedy. It can file a claim in a probate proceeding against the decedent’s estate. However, rather than use their legal remedy, many creditors prefer to use high-pressure collection techniques because this may be cheaper and faster than filing a claim.
You are protected from harassment by ruthless creditors. The law that protects you from such creditors is extremely strong: it is called the Fair Debt Collections Act (FDCA). This federal law makes clear that surviving relatives are not obligated to pay the debts of a deceased family member except in limited cases. If you are wrongly harassed by a creditor, you can sue the creditor under the FDCA.
If you have questions about the debts of a deceased family member, or if you believe you have been wrongly convinced to pay the debts of a family member, contact Phil Rarick, Miami asset protection attorney, at (305) 556-5209 or info@raricklaw.com.
Special Note
The information on this blog is of a general nature and is not intended to answer any individual’s legal questions. Do not rely on information presented herein to address your individual legal concerns. If you have a legal question about your individual facts and circumstances, you should consult an experienced Miami asset protection attorney. Your receipt of information from this website or blog does not create an attorney-client relationship and the legal privileges inherent therein.