Legal Question in Wills and Trusts in Florida
Debt after death
My father in-law died 2 weeks ago with about $5000 in checking account, 3 credit card bills totaling $9000, many medical bills which are still coming in, car loan of about $14000 and he owned no home or property. He left 2 life insurance policies, one covered his funeral expenses and the second policy, worth about $4000 which named both his sons as beneficiaries. He did leave a notarized will naming my husband as his PR. He also stated that my husband was to receive his furnture, remaining personal assets and the car. Does this type of situation require probate and how can he leave a car that isn't paid for? What needs to be done about all the bills? My husband doesn't know how or where to begin. Please help.
1 Answer from Attorneys
Re: Debt after death
A bit complicated to explain, so you may want to call me. But, the insurance policy proceeds belong to your husband and his brother and did/do not have to be used to pay creditors or funeral expenses. If you were to go through probate, which seems unnecessary, furniture passes to a child or children free of creditors as exempt property. Whoever paid for the funeral expenses (I realize the money came from the insurance policy) can go to the probate clerk's office in county of dad's residence with a death certificate, bank account information, and proof of his payment of the funeral bill, and they should assist him in obtaining reimbursement for funeral expenses from that account. He can also deposit the original will with them even though no probate is anticipated. As for the car, I am sure it is not worth $14,000, so I would tell the finance company to come and get it. That is all I would do.
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