Legal Question in Credit and Debt Law in Florida

Re: Debts of a Deceased Person

Generally speaking, the adult child has no liability for a deceased parent's bills. BUT KEEP READING...there are some significant caveats to that statement.

The creditor would have a claim against the estate of the decedent. An estate is EVERYTHING that was owned by the decedent at the time of death (house, car, bank accounts, dishwasher, bedsheets...) Florida law provides that a certain amount of these items are exempt from creditors claims under certain circumstances. Anything that is not exempt, would be subject to the creditor's claim. If the adult child were to take non-exempt assets out of the estate (for whatever purpose) then that adult child may be personally liable to the estate for those assets. The action would have to be brought by the personal representative of the estate (which, if significant, a creditor may seek to be named as PR, but that's usually only done with larger estates).

Re: Debts of a Deceased Person

Unless the adult child had cosigned on the debt, the adult child would not be responsible. If the adult child had received money or property from the estate of the deceased, the adult child would be liable for the deceased's debts to the extent of the value of the money or property that the adult child received. But, in your example, you said there was no estate, so there is no liability on the part of the adult child.