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FamilyAttorney, Lawyer
Category: Estate Law
Satisfied Customers: 1105
Experience:  Owner, attorney in private practice, appellate attorney, GAL & former trial lawyer, licensed for 37 years
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I live in Florida my wife died on June 2 She had credit card

Customer Question

I live in Florida my wife died on June 2 She had credit card debt in her name How do I handle this ??
Submitted: 9 months ago.
Category: Estate Law
Expert:  FamilyAttorney replied 9 months ago.

Hello. I’m a licensed attorney with 36 years’ experience. I specialize in family law and appeals, and I have many years’ experience with landlord-tenant issues, employment and contract law. I also have written hundreds of legal articles. I look forward to helping you today.

Please note:This is general information and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an attorney on this site.

At the end of this session, I will ask you to please rate me as that’s the only way I get credit for helping you today. Thanks! Please note: I want to help you but I may need some additional information from you. Are you okay with rating me? I would really appreciate it!

Also – I will be typing my answer for you so I’ll be back asap.

Do you know if your wife had a will?

Customer: replied 9 months ago.
Expert:  FamilyAttorney replied 9 months ago.

Okay, thanks. In the will, there is a named executor. Did she name you as executor?

Customer: replied 9 months ago.
I think so would have to look
Expert:  FamilyAttorney replied 9 months ago.

Ok, I'm accepting phone call -- do you want to proceed with phone call?

Expert:  FamilyAttorney replied 9 months ago.

Here's the law in Fla:

Florida law requires that anyone who has possession of a will must file it with the local circuit court within 10 days of learning of the death. If a probate court proceeding is necessary, the court will determine whether or not the will is valid.

If you are the executor -- hold on, I think someone else took the phone call.

Expert:  FamilyAttorney replied 9 months ago.

Okay, nevermind. It said the card didn't go through. So we can work here right now okay?

Expert:  FamilyAttorney replied 9 months ago.

Do you know where the will is? She probably named you the executor but that's not 100% guaranteed, unless you know that you are, and you'd have to check the will.

I do want to offer my condolences. I am truly sorry.

So now I have to help you.

Can you find the will?

Customer: replied 9 months ago.
i have the will
Expert:  FamilyAttorney replied 9 months ago.

Okay great. Are you the named executor of the will? You need to go through it to find that clause.

Customer: replied 9 months ago.
waite a min
Expert:  FamilyAttorney replied 9 months ago.

Sure -- take your time. I will be moving to another computer so I'll meet you back here in about 2 min or so, okay? Thanks.

Customer: replied 9 months ago.
I am the executor
Customer: replied 9 months ago.
Are you there
Expert:  FamilyAttorney replied 9 months ago.

Hi yes I am

Customer: replied 9 months ago.
ok I am the executor
Expert:  FamilyAttorney replied 9 months ago.

OKay, thank you for that. I changed computers while you were looking for the will. Okay, here's what you need to do. You need to bring the will to the local circuit court and file for probate.

Under Florida law, the executor owes a fiduciary duty to the estate. A fiduciary duty basically means that the executor must at all times act and make decisions in the best interest of the estate.

The executor has a duty to ensure that the estate’s value does not decrease pending distribution of the estate’s assets. This means that the executor can sell assets she thinks would decrease in value over time and invest other assets to maximize the estate’s income. In addition, an executor may hire attorney and accountants to help maintain the estate’s value.

The executor must pay all debts and expenses the estate incurs. Paying debts includes using estate assets to pay local, state or federal taxes owed. In addition, the executor must settle any other debts the estate owes using assets owned by the estate.

The executor must collect all property of the estate, including real property, investments, bank accounts and all other assets. The executor must inventory all assets by making a detailed list of all property and document the value of each asset at the time the decedent died. By doing so, the executor compiles the net worth of the estate for tax purposes, to pay debts and distribute assets pursuant to the decedent’s written wishes in the will. If the executor discovers new assets after initially inventorying the estate, the executor must supplement or amend the inventory with the court.

Expert:  FamilyAttorney replied 9 months ago.

So as executor, you will be responsible for paying the debts from her estate. If you need guidance, you will want to contact a wills and estates attorney in your area in Fla. If you want, I can give you a list of lawyers who handle this, but I'd need your city or town. Then I can give you a list and give you guidance as to how to pick an attorney. We cannot make recommendations but I can point you in the right direction. I do this free of charge for all of my customers.

Would you like the name of estate lawyers in your area? I just need to know where you are.

Expert:  FamilyAttorney replied 9 months ago.

Just let me know if you want some names of lawyers in your area.

Does this answer your question? If you need more information, let me know as I’m happy to give it.

I hope this helps and clarifies. If you could, I'd appreciate it if you can rate me when finished. Kindly rate me positively so that I can get credit. It is no additional charge to you.

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We are not employees of Just Answer but are independent contractors, so your rating is very important to us so that we can be reimbursed for our work.

Please let me know if you need any more information, such as where to find an attorney in your area, or anything else related to this question. Id' rather be rated positively and if I didn't answer all of your questions, I'd like to have a chance to make sure that I do. Thanks in advance for rating me.

Expert:  FamilyAttorney replied 9 months ago.
Please let me know if you need any more information. You can always send a follow-up question here to me at no extra charge by asking me through this window. No charge for a follow-up based on this question.Because I have provided you with the information you asked for, would you please now rate my service so I can be compensated for assisting you? Thank you so much!
Expert:  FamilyAttorney replied 9 months ago.

Hi, just checking in to see if you still need help with your question and if my answer was helpful for you. Thanks!


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