Whitestone, NY asked in Collections for Florida

Q: My mom passed away in Florida in February of this year. She died intestate and with a legally insolvent estate.

My mom's income each month was an IBM survivor's pension (~$1000), Social Security (~$1000), and a Veterans Admin "Aid and Attendance" assisted living pension (~$1300).

As I understand Florida law, all of these sources were protected from creditors. She was living in assisted living before passing. She had credit card debt, and now collectors are coming to the family looking for relief. There are NO co-signers on her debts.

There is NO "personal representative" for her estate, since the estate has no assets. Her income sources barely paid her monthly assisted living/Medicare costs. Her children helped supplement her other $$ needs month to month.

There was NO money left over in her bank account after death; no house nor car.

None of us wants to be a FL "Personal Rep" for a non-existent insolvent estate. Death certs have been sent to creditors, but they're not satisfied. Can we safely ignore any debt collectors who come calling her offspring for her CC debts?

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2 Lawyer Answers
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss and please accept my condolences.

As you have stated, there are no assets and you have not co-signed on any debts. There is no responsibility or requirement to open a probate ever. You can comfortably and entirely ignore all creditors, they are out of luck and have no ability to collect against you based on what you have listed and reported above. Creditors will try to find someone willing to pay, I would not waste any time with them whatsoever.

Bruce Alexander Minnick agrees with this answer

Terrence H Thorgaard
Terrence H Thorgaard
Answered
  • Freeeport, FL
  • Licensed in Florida

A: Yes, and demand that the debt collectors cease and desist from harassing you.

Bruce Alexander Minnick agrees with this answer

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