Melbourne, FL asked in Probate for Florida

Q: If a spouse dies and they have credit card debt, who is responsible for paying if only the spouse is on the card?

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3 Lawyer Answers

A: The dead spouse's estate is responsible, not the surviving spouse.

A: Assuming it’s a Florida probate of a Will the creditor would have to file a claim against the estate and the spouse is not responsible for the decedents credit card debt. If the estate files a timely Obligation to the Claim & serves a Notice to Creditors with that objection then the creditor would have 30 days to file a lawsuit if not the claim against the estate would be barred.

A: The decedent's estate is responsible. Whether there are any assets in the decedent's estate makes the question somewhat academic.

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