Legal Question in Wills and Trusts in Florida
my mother died recently with no will, no estate, and no executor. she was receiving ssi disability benefits. She was also receiving long term disability benefits from her previous employer. This long term disability company says there are 6 months of survivor benefits available, but I would have to setup an estate in her name to collect. If I do this, does it mean that I would be assuming responsibility for any/all debt she had?
3 Answers from Attorneys
The Estate would be responsible for any debts. The issue would be are the 6 months of survivor benefits worth more than the debt that the Estate would potentially have to pay? Seek some help from an attorney.
No-only the ESTATE would be responsible.
As long as you have not signed any promissory notes, you will not be responsible for debts. Depending on other property in the estate subject to probate, you may be able to petition for a Disposition of Personal Property without Administration or Summary Administration. If there is more than one beneficiary / heir, you will require an attorney to handle the probate. Should you have additional questions, please feel free to contact me.
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