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Florida law regarding my responsiblity for the unsecured credit card debt of my deceased spouse.
Anonymous2 views3 answers
My husband passed away with no will, our condo is homestead & our only other asset is our car. He had 2 credit cards in his name only. Am I responsible to pay these credit cards. There are no other assets, no life insurance, no 401k or retirement funds. I am on social security as my sole income. We have lived in Florida since 1993. I have been making monthly payments and have not notified the bank that he is deceased. I recently read that I may not be responsible to pay this debt. What process would I take to notify them of his death & quote the law clearing me of the responsibility.
I usually advise clients to return bills with letter that states he died without probate or estate assets.
You are not responsible for bills solely in his name.
In Florida a spouse is not responsible for the debts of a deceased spouse. As long as you were not a co-creditor or grantor of the debt, you are not responsible. It sounds like you do not need a probate.
David Goldman
Jeffrey Scott GoetheProbate AttorneyBradenton, FL ·
When notifying the credit card companies, you might include a copy of your husband's death certificate. As indicated in the prior posts, your marriage does not make you liable for your husband's debts. For creditors (such as creidt card companies) to have a valid claim, they must file a claim in a probate proceeding within two years of your husband's death. If they fail to do so, even if it is because you never opened a probate estate, their claim is barred by law and they cannot recover from any assets your husband owned. If probate were intiated for some reason, your home and the car should be protected under Florida law.
The credit card account is based upon a contract and as long as you did not become a party to the contract, either by signing the application or using the card, they should not have a basis to look to you for payment.
They may assign the account to a collection agency which might try to convince you that you are responsible for the account. If they do, just ask them to provide the credit card agreement which shows you as a cardholder. Hopefully, that will end the problem if it comes up.
The answer to your questions is a general reply and your situation could be affected by the specific facts of your case. You should not rely upon my answer as legal advice, but should consult with an attorney in your area to review the specific facts of your case.
