Legal Question in Wills and Trusts in Florida
My father died and had outstanding debt. how do they collect?
My parents have a joint with rights of survivorship checking account with 20K. My dad died and has a car loan (22k) and a credit card bal (10K) just in his name. Can they come after my mom? If so what can I do?
3 Answers from Attorneys
Re: My father died and had outstanding debt. how do they collect?
Only your father's estate assets are available for payment.
Re: My father died and had outstanding debt. how do they collect?
The joint account passes outside of the estate directly to your mom . The creditors cannot get to that particular asset.
Re: My father died and had outstanding debt. how do they collect?
As long as your mother did not sign on the car loan, is not a co-signer on the credit card, and did not make charges on the credit card, they can only go after his individually-owned assets, not the joint account, not her assets. The loan company can reposess the car if the payments are not made, and the credit card company is going to be out of luck.
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