Legal Question in Credit and Debt Law in Florida
if an individual dies with high credit card debt on his individual credit card is he absolved from that debt, or will the credit card company sue his estate to recover
Asked on 3/20/14, 8:21 am
3 Answers from Attorneys
Robert Garven
Robert Garven, Esq.
Odds are that the creditors will pursue the estate.
Answered on 3/20/14, 9:28 am
Joseph Justice
The Justice Law Firm
death does not normally negate a debt. The company can make a claim against the estate.
Answered on 3/20/14, 10:31 am
The credit card company can pursue the debt by filing a claim against the estate. Probate laws dictate the order creditors are paid. For instance, funeral expenses, medical expenses, and attorney fees will be paid from the estate first (before credit card debt). Determining estate assets can be tricky, however. Also, in Florida if there are multiple beneficiaries, an attorney is required.
Answered on 3/20/14, 5:34 pm
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