Legal Question in Wills and Trusts in Florida

Credit Card Liability for Deceased Husband

My husband passed away in January 2006. He had two unsecured credit cards with about $7,000 being owed at the time of his death. These were accounts held solely in his name and were not joint accounts. Everything that we owned, including our home, was jointly owned and all insurance, pension, etc., named me as sole beneficiary. I've been advised that I'm not liable for his debts as there is no ''estate.'' However, my question is, (1) can the credit card companies get a judgment against my home because my late husband's name is still on the deed along with mine even though I'm now the sole owner of the home? Also, (2) is there any reason why I need to have the deed transferred to my name only?


Asked on 4/05/06, 6:38 pm

1 Answer from Attorneys
Frank J. Pyle Probate Attorney Throughout Florida

Re: Credit Card Liability for Deceased Husband

(1) No. Even if it were in his name alone and he were still alive they could not do that. Your home is protected against all creditors except mortgages, taxes, and someone who does work on your home and is not paid. (2) No, although at some time you will need to record a couple of affidavits and his death certificate - could be done now or upon any future sale or refinancing of the home.

Read more
Answered on 4/05/06, 8:03 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Florida