Legal Question in Wills and Trusts in Florida
Estate-credit cards
I have a friend in the state of Florida who died recently. Is her husband responsible for her store credit cards? The store credit cards are in the state of New York? I don't know if she left a will or not. The husband has contacted all the creditors to explain but they are still holding him responsible. HELP!!
2 Answers from Attorneys
Re: Estate-credit cards
Your friend's estate is responsible for your friend's debt. Creditors cannot go after her husband personally unless he was on the account with her. Creditors get paid, through probate proceedings, from assets your friend owned.
Re: Estate-credit cards
It depends on a lot of things. Was he also on the card? As an authorized user, or as a co-holder? Did he sign the application for the card? Which state law governs the contract (that would be in the initial application)? What were the purchases for? (Most states make a spouse liable only for the other spouse's "necessities", i.e., shelter, food, clothing and medicine). If he's a co-holder of the card and not just an authorized user, he's screwed. If he's just an authorized user, or better yet not on the card at all, the credit card company will have to go to an awful lot of trouble to make him pay up.
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