Legal Question in Wills and Trusts in Florida

Creditor threatening to sue over deceased father's debt

My father passed away in 2005 and left no life insurance, no estate, nothing. A creditor is threatening to sue us and harassing us with phone calls even though they have been notified of his death, we tried several times to contact them and got no response. Now 2 years later, they want to go to court. What can we do as survivors?


Asked on 3/15/07, 12:23 pm

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Creditor threatening to sue over deceased father's debt

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.

The creditor has no right to sue you based on the facts presented. The only entity which might be sued is your father's estate. The survivors of the decedent are not responsible for any debts unless they collect anything of value from dad's estate which you have stated does not exist. If they should file suit against you, it will be dismissed upon motion to the court, but you will have to file the motion and not ignore the action.

If you are sued, I would suggest that you consult a local attorney at that time.

Scott R. Jay, Esq.

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Answered on 3/15/07, 11:49 pm
David Slater David P. Slater, Esq.

Re: Creditor threatening to sue over deceased father's debt

You are not responsible for your fathers debt. His estate, if any, may be.

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Answered on 3/15/07, 12:32 pm


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