Legal Question in Wills and Trusts in Florida

I am the personal representative for my late husband's estate in Florida. There was no estate until a settlement came in this month for a lawsuit in his name against a pharmaceutical company for damages caused by a drug. BUT - there is a claim that came in for about $6,000 from a credit card debt he was delinquent on. I was going to pay it, but my lawyer said that the type of lawsuit money we're receiving is exempt from this cc claim. The credit company cannot come after money from a lawsuit against a pharmaceutical company because of injury (and failure to disclose side effects). Is this true? Thank you


Asked on 12/09/14, 1:50 pm

1 Answer from Attorneys
Barry Stein De Cardenas, Freixas, Stein & Zachary

The sums paid for the descendants and yourself for personal injury damages is not subject to the claims of creditors. Without knowing what funds received it is impossible to actual answer this question. Any funds paid for lost wages or net accumulations would got to the Estate and be subject to the credit card debt.

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Answered on 12/09/14, 1:53 pm


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