Overview
In Florida, children are usually not personally responsible for a parent's debt after death. Credit card bills, medical bills and loans are generally paid from the parent's estate, meaning the money and property left behind.
How debts get paid
During probate, the court process for settling an estate, creditors get a set time to file claims. The personal representative, the person in charge of the estate, pays valid claims before heirs receive what is left. If money runs out, many unsecured debts (not tied to property), like credit cards, may go partly or fully unpaid. A Florida homestead, the family home, is usually protected from most creditors.
When children are responsible for parents' debt
- The child cosigned the loan or credit card
- The child was a joint account holder, not just an authorized user
- The child signed a written promise to pay personally
Be careful with collectors
Collectors sometimes call family after a death. Unless one of these applies, you generally do not have to pay a parent's debt with your own money.
Questions about your Florida estate plan? Call Karia Law at (954) 281-9989 or send a contact request at karialaw.com/contact.
Disclaimer: This is an advertisement. This article is for general informational purposes only and does not constitute legal advice. It does not create an attorney-client relationship. Laws vary and individual circumstances differ. Consult a licensed Florida estate planning attorney for advice specific to your situation. Tejus Karia, Esq. is a member of The Florida Bar.