Legal Question in Wills and Trusts in Florida
If a person (unmarried) dies in debt with nothing left in the estate, who pays the debt? The person who inherits all and the executor who was directed to pay the debt from the estate are the same. Family or executor?
3 Answers from Attorneys
Debts are paid out of the estate before it is distributed to the heirs.
If a person dies unmarried - the debts belong to the debtor. If you probate the estate, they will file a claim to any assets that are in the estate. If she/he left a will, then the Personal Representative (a/k/a Executor) will handle the estate according to the decedent's wishes. If there are policies of insurance, they usually do not go through probate because a beneficiary is usually listed and therefore the creditor's can not attach that asset. The home, if owned, of course is homestead and not touchable by the creditor's.
U said "If a person (unmarried) dies in debt with nothing left in the estate, who pays the debt?" The direct answer is "No one pays." There is nothing left in the estate is what U said!