Legal Question in Wills and Trusts in Florida
Florida - Spouse Dies - No Joint Credit
I work for a disability non-profit and I am trying to help someone. Her spouse died with no will. He had three small credit card debts - not high at all.
The spouse can't afford to pay any of these and will not agree to. Her husband was the sole owner of the credit cards. Again they are not high. With his income gone, no retirement - nothing she can't even afford cable.
The creditors are harrassing her. Calling her day and night and sending her letters asking for money for his ''zero'' estate.
She has sent the Death Certificate, proved she is not an owner of the accounts, but yet they will not leave her alone. She has nothing from him - he left no insurance - nothing.
What should she do?
1 Answer from Attorneys
Re: Florida - Spouse Dies - No Joint Credit
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
She should simply return any bills to sender marked "Deceased". The creditors can send her statements and she can trash them after a while. They know that they cannot sue her if she did not incur the debt or otherwise agree to be responsible for payment of the same.
Scott R. Jay, Esq.
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