Legal Question in Wills and Trusts in Florida

If a resident of FL passes away, with no estate (as they were married so all goes to their surviving spouse) but has unpaid medical bills, what can happen? Is surviving spouse responsible for the debt? What if the house that they lived in is still in both the decedent's and spouses names? Any particular law that can be referenced?

Thank you very much


Asked on 8/22/17, 8:01 am

3 Answers from Attorneys

John Richert Richert Quarles P.A.

It depends on who is liable for the debt. It the only person who has signed for the debt is the person who has passed away, there should not be any liability to anyone else. However, if both spouses signed for the debt, then there could still be liability.

In regards to the house, you should consult with an attorney to see how it was titled. If the house was purchase while they were married, it is likely that it is titled as tenancy by the entireties and should transfer to the other owner outside of probate.

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Answered on 8/22/17, 8:23 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

Mr. Richert is on point. You need an attorney to address the issues to make sure they are handled properly. It is impossible to answer this inquiry in this forum without more facts.

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Answered on 8/22/17, 8:29 am
Levi Wilkes Levi Lawrence Wilkes, Attorney-at-Law, PLLC

I agree with the above comments. I only add don't be afraid to walk into an attorney's office or email them asking for a consultation to resolve these issues, its what we are here for! Let us get all the facts so you can get an honest opinion.

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Answered on 8/22/17, 11:55 am


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