Legal Question in Wills and Trusts in Florida
Very Confused
My mom died. She has a will. Only asset is house (60.000),car (5000.00) and 1000.00 in bank. House is homestead. Bank account has my name on it also. Left all to me. Her executor is my Uncle in Illinois. 2 legite credit card companies are owed. She was a victim of identity theft and another credit card co. is suing her. Who is going to pay these bills? Do I HAVE to probate her will?
Thank you
3 Answers from Attorneys
Re: Very Confused
No one has to pay those bills. If you want title to the home, you must probate the will. The home and car pass to you free of any credit card creditors, but you have to go through probate to put that on record.
Re: Very Confused
You will have to go to probate
Re: Very Confused
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.
In order to get clear title to all items you will need to go through probate. The debts will not attach to the property if it was her homestead. The creditors may have a claim against other assets, however.
Scott R. Jay, Esq.
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