QUESTION
Do I have to pay dead husbands bills in his name only?
Asked on Aug 31st, 2011 on Estate Planning - Florida
More details to this question:
My husband had medicare and portion not paid and credit card was in his name only.
5 ANSWERS
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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No.
Answered on Jun 07th, 2013 at 12:58 AM
Yes, this must be taken out of the estate assets first depending on the types of bills and whether the creditors properly notify the court. Once your husband's bills are paid, then the remaining estate will be available to inherit. If you have not already done so, you should begin the probate process.
Answered on Sep 02nd, 2011 at 11:40 AM
Glen Edward Ashman
If you did not sign for the bills, no. However, in probate, those bills usually must be paid from the estate before you inherit what's left.
Answered on Sep 02nd, 2011 at 9:18 AM
Trusts and Estates Attorney serving Troy, MI
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Barron, Rosenberg, Mayoras & Mayoras, P.C.
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A spouse is not responsible for their deceased spouses individual debts. If the surviving spouse is not a joint account holder on the account such as a credit there is no liability. Also, if you used his credit that may be problematic. However, if your husband passed away and had assets in his individual name without a beneficiary, joint owner or not in a trust and the asset has to go through probate then creditors will need to be notified and they may have an opportunity to get paid. I hope this helps.
Answered on Sep 01st, 2011 at 8:43 PM
Trusts and Estates Attorney serving Jacksonville, FL
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Law Office of David M. Goldman PLLC
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Generally If there are assets in his name, they will probably need to be paid, but you do not have to pay them personally out of your separate funds. This issue and the specific circumstances should be discussed with a FL probate attorney and one who is familiar with Medicare claims.
Answered on Sep 01st, 2011 at 8:19 PM