QUESTION

if I die and I do not have any assets can the creditors force my wife to pay for my unpaid credit cards

Asked on Jun 04th, 2016 on Debtor and Creditor - Florida
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1 ANSWER

Commercial Litigation Attorney serving St. Petersburg, FL at Law Office of Guy P. Coburn
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If your wife is not jointly responsible on the account, then probably not.  If her name is not on the statements and she has not used the account as an authorized user, then probably not.Under Florida Law, personal property of a married couple which was acquired during the term of the marriage is assumed to be owned as "Tenants by the Entireties" (TbyE), which means that if one of you dies, the other automatically owns personal property without going through probate.  Anything titled in your name alone (such as a car or individual bank account) may need to go through probate, and creditors can make a claim at that point.
Answered on Jun 13th, 2016 at 8:12 AM

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