Legal Question in Credit and Debt Law in Florida

Credit Card Debt

Dear LawGuru,

My husband recently passed away and had about 4,000 dollars in credit card debt. These accounts were in his name and NOT joint accounts. My husband did not have a will and we have a mortgage on our house. Am I responsible to pay his debt that i had no part of? Will I be sued? Can they go after the house?


Asked on 9/01/07, 2:46 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Credit Card Debt

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.

No, you are not responsible to pay for your deceased's husband credit card debt unless it can be proven that you agreed to do so by joining in on the credit card application or somehow guaranteeing his debt at some point. You might get sued, but the credit card company can do nothing to you and will lose in court. Your home cannot be touched as it is your homestead and protected under Florida law.

Scott R. Jay, Esq.

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Answered on 9/02/07, 12:22 am


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