Legal Question in Wills and Trusts in Florida
My father, although elderly and in poor health, died unexpectedly in February. He left a very basic will (stating simply my sister and I divide everything, and names nobody as his executor). He had barely enough money saved up to pay for his cremation, and has no other funds or assets to justify appointing an executor in probate. He has a civil small claims judgement outstanding from 2015, and he has no money left to pay it. I contacted the attorney in the SC case, and was told only the executor and via the court could notify them officially of a death and they continue to file Writ of Garnishments against my dad’s former employers and banks in hopes of finding something. Is this lawyer going to start seeking payment from my sister and I? Do we need to be worried his debts will follow us?
2 Answers from Attorneys
Unless you are named in the judgment or you take assets that would have been subject to the judgment you won’t be responsible. If the Personal judgment debt is his alone than you need not worry.
If your father owned nothing, then I would not worry about it. The bank accounts may be an issue if there are any funds left. Were there in your and your father's name? if so, then you can draw out the funds with no problem. If not, and he did not name a beneficiary on the account, then the only way to get the funds would be to do what is called a Distribution without Administration since you do not need to probate. You just show who paid the funeral expenses and present the death certificate. The court will issue a letter ordering the bank to release the funds to that person.
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