Legal Question in Credit and Debt Law in Florida

Re: deceased debt collection

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No. They cannot take any action against the aunt's residence unless she agreed they could such as in a mortgage. Her primary residence is protected under the homestead laws of the state of Florida and is exempt from the claims of all creditors.

Scott R. Jay, Esq.

Re: deceased debt collection

Not unless they have a judgment against her. Was she alive when they claim to have served her?

Re: deceased debt collection

If yiur aunt was served with a summons and complaint before she died,then MAYBE the creditor can proceed. I can envision many hurdles the creditor must overcome before succeeding. If the alleged dated of service of the summons was after she died ,then the subsequent actions are improper. It is vital for you to retain counsel as soon as possible to protect your and the estate's interests.