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?
2 Answers from Attorneys
Re: Estate (house)
No. An estate, in the manner you describe, does not exist until there is a decedent.
Re: Estate (house)
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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.