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My husband and I owned a bar and lounge. He has passed away…

Customer Question
My husband and I...

My husband and I owned a bar and lounge. He has passed away leaving about $50,000 in debt and no insurance of any kind. Are the creditors allowed to seize my property? The bar and lounge are my only source of income.

Lawyer's Assistant: Estate laws vary by state. What state are you in?

Florida

Lawyer's Assistant: What documents or supporting evidence do you have?

I have a death certificate and the paper work making me the sole proprietor of the properity because he did leave a will leaving his possessions to me. But no money just debt.

Submitted: 7 months ago.Category: Estate Law
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Answered in 2 minutes by:
12/19/2017
Estate Lawyer: Loren, Attorney replied 7 months ago
Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 38,766
Experience: 30 years experience in the practice of estate law.
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Thank you for using JA. I am Loren, a Florida licensed attorney for over 30 yrs., and I am here to help.
I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.
I appreciate your patience as I review your question. I will post my response shortly.
This is general information and no attorney client relationship is established.
The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.
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Estate Lawyer: Loren, Attorney replied 7 months ago
Did you sign for his debt? Was the bar titled to both of you?
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Estate Lawyer: Loren, Attorney replied 7 months ago
Florida is not a community property state. So, spouses can have individual debt which the other is not personally liable for.
So, no, if you did not sign for the debt or guaranty its repayment, creditors can not seize any property you own alone.
They can make a claim in probate for your late husband’s individually owned property or his interest in property you both held title to.
If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
There is no additional charge to you for rating me favorably.
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Estate Lawyer: Loren, Attorney replied 7 months ago
Did you have further questions? Have I answered your question? Please let me know.
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Estate Lawyer: Loren, Attorney replied 6 months ago

If you have no further questions please remember to rate my service (5 Stars) so that I am credited by JA for answering your question and also so that I may close the question.

There is no additional charge to you for a 5 star rating of my service.

Thank you!

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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