[FL] Am I responsible for my late husband's credit card debts and at risk of losing the house?
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Generally, you are not personally responsible for your deceased spouse’s debts. The debt is typically paid from the deceased’s estate, if there are sufficient assets.
You may be responsible only if:
- You co-signed for a loan, or
- You held a joint account with your spouse
Creditors may attempt to recover the debt from estate assets, including the house if it’s part of the probate estate. They might place a lien on the house if appropriate under probate law, but Florida has strong protections for surviving spouses, especially regarding homestead property. (§ 732.401)
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I'm in Florida. My husband passed in April. I am getting requests from credit card companies addressed to "The Estate of..." The house was in his name and I am the successor. There are no other assets or money — we lived month to month. Am I responsible for his debt, and can they come after the house? I think there may be 3–5 different cards, totaling around $10,000.
I'm sorry to hear about the passing of your husband. Are you named on any of the credit card accounts in question?
No.
Did your husband have a will or any other estate planning documents in place at the time of his passing?
No.
Is there anything else the estate lawyer should know before I connect you? Rest assured, they'll be able to help with your husband's debt.
Yes.
Hello, my name is Benjamin, and I have been a licensed attorney for over 19 years. I look forward to assisting you with your question.
Were these debts taken out individually in your spouse’s name only? What are the creditors saying when they call?
Yes, the debts were solely in his name.
Generally, you are not personally responsible for your deceased spouse’s debts. The debt is typically paid from the deceased’s estate, if there are sufficient assets.
You may be responsible only if:
- You co-signed for a loan, or
- You held a joint account with your spouse
Creditors may attempt to recover the debt from estate assets, including the house if it’s part of the probate estate. They might place a lien on the house if appropriate under probate law, but Florida has strong protections for surviving spouses, especially regarding homestead property. (§ 732.401)
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