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Credit Card debt is an unsecured debt. Unless the spouse is a joint account holder, they are not responsible for any of the debt unless they live in a community property state which Florida is not. The estate of the deceased becomes responsible.So...if a person has a credit card in his name and he passes away, can the credit company demand payment from spouse?
Note that there is a specific period of time for creditors to file a claim against the estate. In Florida that must be filed within 4 months from date of 1st publication of the legal death notice.Creditors get dibs on the money after funeral expenses and legal costs, and before the heirs get anything.
It's not a choice. The creditors file claims with the probate court and the court monitors the probate estate to make sure everything is done according to law.
Note that there is a specific period of time for creditors to file a claim against the estate. In Florida that must be filed within 4 months from date of 1st publication of the legal death notice.
So...if a person has a credit card in his name and he passes away, can the credit company demand payment from spouse?
True, but the personal representative of the estate also has a duty to notify all creditor of which he or she is aware. Failure to do that may make the personal representative personally liable for the debt. For that reason, a well advised personal representative won't try to hide the death from the creditor and hope the creditor never sees the public notice.Note that there is a specific period of time for creditors to file a claim against the estate. In Florida that must be filed within 4 months from date of 1st publication of the legal death notice.
So...if a person has a credit card in his name and he passes away, can the credit company demand payment from spouse?