Legal Question in Wills and Trusts in Florida
debt upon death
I am executor/power of attorney, etc when friend dies. Am I responsible for her debt...no big estate on her part, just mobile home/monthy fees, etc and credit card debt
2 Answers from Attorneys
Re: debt upon death
In Florida your title would be personal representative not executor. You would be responsible to see that debts of the deceased are paid from the assets of the deceased to the extent required by statute. You will not be responsible to pay any debts of the deceased with your own money.
Re: debt upon death
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 nformation, 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.
No. The personal representative of an estate is responsible to administer the decedent's estate and to pay claims from the assets of the estate and not from his or her individual assets. You will have no personal liability unless you do something improper.
Scott R. Jay, Esq.
Related Questions & Answers
-
Wills is a will written in one state legal in another? Asked 6/21/07, 10:09 pm in United States Florida Probate, Trusts, Wills & Estates