Legal Question in Wills and Trusts in Florida
Who is responsible for credit card payment after death no will no estate no spouse
3 Answers from Attorneys
whomever signed the agreement and the estate of whomever signed.
If the account was only in the name of the deceased, then more than likely it will be written off. Do no sign or agree to any creditor that you will pay as they will try to get someone on the hook for this debt.
Only individuals who signed a promissory note. If only the decedent signed the agreement, then the creditor would have to file a claim against the estate. The creditor will only be able to collect their debt if probate is opened and there are enough funds. Other expenses get paid before credit cards (e.g., compensation for the Personal Representative and Attorney, court costs, funeral expenses, taxes, etc.); the order by which creditors get paid is governed by Florida Statutes.
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