Legal Question in Wills and Trusts in Florida
Am i responsible for my house coowners credit card debts if she passes
My aunt and I co own a condo in Fla. We each left our 1/2 of the house to each other in case
of death. she has a lot of credit card debt. Am I responsible or my house if she passes?
3 Answers from Attorneys
Re: Am i responsible for my house coowners credit card debts if she passes
Unless the condo is occupied by your aunt and considered as her homestead in Florida, which is a protection fron creditor claims, her debts can be asserted against her share of the house. If a judgment is obtained against her before she dies, they can make a claim against the house.
Re: Am i responsible for my house coowners credit card debts if she passes
Her estate will be responsible to pay off debts before it is distributed to the beneficiaries.
Re: Am i responsible for my house coowners credit card debts if she passes
If the property is owned jointly with rights of survivorship, it will automatically pass to the other upon death, free of creditors' claims. Make sure the deed says "with rights of survivorship."
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