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Ellen, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 36714
Experience:  25 years of private practice
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I am married and owe 50,000 dollars on my credit cards...if

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I am married and owe 50,000 dollars on my credit cards...if I die will my husband be responsible for my debts? I am 71 years and am concerned.
He doesn't know and I don't want him to be in debt....what can I do. The only thing we have together is our checking account.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.*


I am a Florida licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

Since the cards are in your name alone, only you are liable for the debt. Your husband would not be held liable.

Here is why.

In Florida a spouse is not be liable for a deceased spouse's debt unless he cosigned the debt. However, if there are assets in the estate to be probated, the creditor may be able to collect against those assets. A probate is necessary if there are assets that do not pass by operation of law. Typically transfer on death properties do not go through probate and would not be subject to the debt.

In your situation it appears that your only asset is your joint checking account which pass by operation of law to your husband and would not be subject to your credit card debt

I would be glad to respond to any related follow-up questions that you may have.
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