Legal Question in Credit and Debt Law in Florida

Debt of Deceased Parent

My mother died this year. We jointly owned the house we were living in. My mom has a credit card debt of 9,000 that only she is on the card. Am I responsible for this debt, because I now own the house that we lived in together.


Asked on 12/23/07, 8:03 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: Debt of Deceased Parent

No. The two debts (the house mortgage and the credit card debt)have nothing to do with each other. If you were not responsible to the credit card company before your mother's passing, you aren't now.

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Answered on 12/24/07, 9:44 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Debt of Deceased Parent

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. If both of you were on the deed as Joint Tenants with Right of Survivorship, it automatically passed to the surviving tenant upon the death of one (your mom). If it was not held as a joint tenancy, if it was your mom's homestead then her interest will pass to you upon filing of the necessary pleadings in probate without any liability for creditor's claims for an unpaid credit card.

Scott R. Jay, Esq.

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Answered on 12/25/07, 5:50 pm


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