Legal Question in Wills and Trusts in Florida
My brother's truck was only in my father's name because of my brother's bad credit. My father passed away and the vehcile was repossessed. The bank is coming after the estate for $5,000. There was no probate or estate--my mother was the beneficiary to all my father's assets. Is my mother responsibile for this debt--we live in Broward County, FL.
Asked on 6/19/10, 9:33 am
2 Answers from Attorneys
Lucreita Becude
Lucreita D. Becude, P.A.
No. They have the truck. Your mother is not responsible for the debts of her husband.
Answered on 6/19/10, 1:57 pm
Your mother would only be responsible to the extent that she may have received assets through a probate proceeding. Since there was no probate, no debt passed with the assets to her. However, if she co-signed the debt, then she would be responsible as a guarantor.
Answered on 6/19/10, 3:23 pm
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