Legal Question in Wills and Trusts in Florida

My grandfather recently passed away. He had no assests other than the home he owned with my grandmother (which she lives in) and the bank account he also held jointly with my grandmother. Recently we received a call from a collection agency asking for payment of approx. $7500.00 in credit card debt he had. The credit card accounts were held in only his name. SInce there is no estate, is the family responsible for this debt? What happens if we do not pay the debt? We live in FLorida.


Asked on 12/01/10, 5:11 am

1 Answer from Attorneys
Richard Kaplan

If all his assets were jointly/Husband & Wife owned, then they go to his wife. A death certificate and Continuous Marriage Affidavit need to be recorded.

As to the credit card debt, if he alone is on the credit card, and his wife never signed for it, then only his estate is liable for the debt. If the estate has no assets (which does not include jointly/husband & wife assets) then there is nothing to pay the credit cards with. The family is not liable for the debt, and the debt goes unpaid.

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Answered on 12/06/10, 5:22 am


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