Gaithersburg, MD asked in Consumer Law, Probate and Collections for Florida

Q: Am I responsible for my deceased husband's judgement ?

My late husband had a debt being paid by installment. The creditor, not knowing his death (I did not need a probate), now files a motion for final judgement. This judgement will be granted. Will I be responsible ?

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

A: I am very sorry for your loss on the passing of your husband, please accept my condolences for you and your family.

As long as you were not named in the lawsuit, and you were not a co-signor or otherwise made yourself responsible for the debt, the answer would be no. It would be important for someone to review the lawsuit paperwork to be sure, but if you are sure you were never named and not part of the lawsuit then the only way they can collect the debt is from your husband and his estate, since there is and was no probate done, it would appear that the debt is going to be uncollectable and that likely should be the end of the matter as far as you are concerned. Do not allow them to bully you or otherwise try to claim you are responsible if you were not somehow named. If for some reason a probate does become necessary and then is done, then they can make a claim against the estate, or if they are motivated enough, they can even pursue a probate themself (not likely for a creditor to do this).

Terrence H Thorgaard agrees with this answer

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