Legal Question in Credit and Debt Law in Florida

Estate (house)

If my husband's estate which is our house is responsible for his credit card debt, then wouldn't the estate (house) pass over to me should he die and could they attach my house (estate) when that happens?


Asked on 7/15/07, 9:02 pm

2 Answers from Attorneys

Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Estate (house)

No. An estate, in the manner you describe, does not exist until there is a decedent.

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Answered on 7/16/07, 1:20 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Estate (house)

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 husband's home is considered his homestead and passes without any liability for debt other than a mortgage, if any. The homestead can be declared and all debts will be ignored as to the home. Any assets owned in joint names will pass to the surviving owner upon the death of either. If there are any other assets, the estate will have to pay the debts from those.

Scott R. Jay, Esq.

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Answered on 7/15/07, 9:52 pm


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