Haverstraw, NY asked in Consumer Law for Florida

Q: my father died and i had been paying the credit card companies but now the well has run dry and there are no more funds

how do i let the credit card companies know that there is no more money to send to them

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1 Lawyer Answer
Phillip William Gunthert
Phillip William Gunthert
Answered
  • Consumer Law Lawyer
  • Orlando, FL
  • Licensed in Florida

A: Very sorry for your loss on the passing of your father, please accept my condolences at this sad time for you and your family. Unless you cosigned those credit cards you have no responsibility for them whatsoever. They will either get paid as part of a probate (if there is one), or they will not get paid at all by anyone if the only person that is on those accounts is your dad. Any assets that were in your dad's name alone will have to go through probate (if you so decide), if there are no assets and or estate, there is no obligation to do anything on your part. Remember, unless you are on those accounts as a cosigner or applicant, you have no responsibility for those accounts. You can type up a letter and send it to all the credit card companies and let them know that your father has passed and no more payments will be forthcoming because there is nothing to pay with from his estate. You may want to have a discussion with a Florida Probate Attorney if there are any assets that need to go through probate (homestead, land, other real estate, bank accounts, any other assets and so forth). If there is a Will, that must be submitted to the clerk of the court in the county where your father lived, make a copy and submit the original to the clerk. If there is no Will or Trust, then the Florida Intestate Statutes (without a Will) are going to apply to your dad's estate, again, only if a probate is needed and done.

Terrence H Thorgaard agrees with this answer

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