Legal Question in Wills and Trusts in Florida

Daughter responsible for Dads debts?
My father died 5/26/06.His will was over 7 years old and many things had changed.He had made his bank account joint with me.He also added me onto 2 of his credit cards. Am I responsible for his debt since I was on these cards? One I never used. Since he changed his account to ''joint'' do I have to give this money to cover his outstanding debts? My brother-in-law was named executor and I am skeptical of his intentions.The will would probably not hold up in court. Some typed, some written in,no witnesses except for my sister.I am living in this condo for the time being,paying the mortgage and maintenence, shouldn't that count towards something since I am decreasing what is owed on the unit? My brother-in-law does not want to involve attorneys. I want to know what my responsibilities are.

Asked on 7/04/06, 11:29 pm

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Re: Daughter responsible for Dads debts?

You do raise many issues. Let me comment on a few. A will with only one witness is not valid in Florida. If the bank accounts were joint with survivorship rights they go to you outside of probate. You should get some credit for payment of the mortgage on your father's condo but you may also owe the estate rent for use of the condo. Depending on how you got on the credit cards you may or may not be liable for the charges. I think you will need to get an attorney involved. To give you only one example, title to the condo cannot be changed out of your father's name without probate and so without the help of the probate court you cannot ever sell the condo.

Answered on 7/05/06, 11:34 am

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