Legal Question in Credit and Debt Law in Florida

my friend has a house fully paid for and her son is on as co-owner. Unfortunately, she is close to death and worries that her credit debt will fall to her son if they are able to put a lien on the house. Thank you. Michael


Asked on 12/06/14, 7:13 am

1 Answer from Attorneys
William Gwaltney William W. Gwaltney, Attorneys at Law

If the property is in Florida, Homestead Property is exempt from creditor claims, even after death of the debtor, with very few exceptions. Your friend and his mother should speak with a probate attorney and ensure her will and estate is in order.

Unless your friend is a co-maker on the debt he can not be held responsible for the debt personally, and any debts of his mother that are still outstanding at the time of death should be addressed by the probate. Even if your friend's mother has no assets other than the home, there may still be the need for probate.

Your friend really should consult in person with a probate attorney to get specific answers to his situation.

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Answered on 12/08/14, 7:40 am


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