Legal Question in Wills and Trusts in Florida

can a lawsuit debt be transferred to family members after the death of that individual?


Asked on 7/08/10, 2:00 pm

3 Answers from Attorneys

Leon Ferraez Ferraez, LLC

No, unless the family member was listed on the debt.

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Answered on 7/08/10, 5:28 pm

I assume that there is a judgement against the decedent. Then no, the debt is personally not transferred to the beneficiaries. However, it is possible the debt can attach to the property if the property is not exempt, or for one of a few other situations. There is a lot of what if's here, so more detail is required.

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Answered on 7/08/10, 7:34 pm

The decedent's estate will be responsible unless other family member(s) are named in the lawsuit / judgment, or if monies from the estate are prematurely distributed. When the estate is administered through the probate process, liabilities owed by the deceased family member will be distributed in accordance to the Probate Code. The order by which liabilities are to be paid, assuming the probate takes place in Florida, can be found in Florida Statutes 733.707. There are several other expenses that would be paid before paying for outstanding judgments. Should you have further questions, please feel free to contact me.

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Answered on 7/09/10, 3:40 pm


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