Legal Question in Wills and Trusts in Florida

In Florida, being harassed by my deceased husband’s unsecured creditors. Help?

Question:

Can the creditors come after me or any of the assets in the estate?

Can I stop the creditors from calling?

My husband has passed away and I already have credit card debt collectors calling non-stop. I live in Florida, in my 50s and was wholly supported by my spouse for our entire 22 year marriage. I am the beneficiary of his life insurance.

Credit Cards:

Upon his passing all of our assets, except for our joint bank account were in his name. He had multiple credit cards that were his and I was only an authorized user (never physically signed on the accounts) and I have separate credit cards in my name only, which I will continue to pay. I rarely used any of his cards.

Assets:

(1) our house, paid off, but still owe on a HELOC; (2) vehicles, a 2004 Nissan blue book $2,400 and a 2007 Jeep blue book $3,300; (3) bank account, less than $1,000; (4) two parcels of land, undetermined value; (5) household furniture, furnishings, appliances less than $20,000.

Total Assets:

I believe the total value of the estate, minus exemptions, to be less than $1,000 (bank account). Plus the value of the two parcels of land. The county appraiser values the two parcels of land at 20,000 each. We have been trying to sell them for the last two years at 6,000 each without a single offer. There have been no comps sold in the area for over three years. We literally cannot give these two parcels away.

Here’s what I’ve researched:

Florida is not a community property state.

Florida homestead exemption is a provision in Article X, Section 4 of the Florida Constitution: in asset protection planning the Florida homestead exemption protects a Florida resident’s primary home from levy and execution by their judgment creditors.

Florida Statute 732.402 states: two motor vehicles titled in the decedent’s name and regularly used by the decedent and immediate family are exempt property. Household furniture, furnishings, and appliances in the decedent’s home up to a net value of $20,000.

Assumptions:

I read that in Florida, as long as I continue making the HELOC payment, debtors cannot put a lean on the house.

Thank you!

2 Answers from Attorneys

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