Legal Question in Credit and Debt Law in Florida

Can credit card companies put a lien on your home after death

My mother recently passed away, and her home is on a Quit Claim for her and my brother. She had some balances on Credit Cards, if these are not paid, can the credit card companies put a lien on the property before my brother has the house put in his name only?


Asked on 1/14/05, 9:52 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Re: Can credit card companies put a lien on your home after death

If the obtain a judgment against the deceased's estate.

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Answered on 1/14/05, 11:24 am
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Can credit card companies put a lien on your home after death

Depends upon who acts first and whether the the home qualified/qualifies as homestead.

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Answered on 1/14/05, 4:12 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Can credit card companies put a lien on your home after death

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

Your question does not provide many facts with which to frame a proper response. If I understand it correctly, the house was titled in both your deceased mother's name and that of your brother.

If the deed was properly drawn to state that they hold title as "Joint Tenants with Right of Survivorship" then whatever interest your mother had passed to your brother immediately upon her death and creditors would have no claim against it.

I strongly suggest that you consult with a qualified real estate or probate attorney to review the specifics of your legal situation.

Scott R. Jay, Esq., 305-249-8000

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Answered on 1/14/05, 10:34 pm


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