Legal Question in Wills and Trusts in Florida

Survivor Responsibility

My mother in law just passed away. Her 3 children are named in her will as beneficiaries to her estate which is minimal. She has major credit card debt. Are they responsible for paying that debt?


Asked on 7/25/06, 12:23 pm

2 Answers from Attorneys

Frank J. Pyle Probate Attorney Throughout Florida

Re: Survivor Responsibility

Not unless they actually charged items using her credit card.

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Answered on 7/25/06, 12:53 pm
Scott R. Jay Law Offices of Scott R. Jay

Re: Survivor Responsibility

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The estate of the decedent is responsible for any debts incurred by your mother in law prior to her death up to the value of the estate. Beneficiaries have no individual responsibility unless they also agreed to be responsible for the same account.

Scott R. Jay, Esq.

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Answered on 7/25/06, 4:24 pm


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