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If my Naples spouse died with debt, but I did not incur the debt am I liable in probate?

 

A:

No.  That is no no no.  There is an article out today in the Wall Street Journal that discusses this problem.  It is a good article and you should read it.  The link is here:

http://online.wsj.com/article/SB10001424052970204224604577030043890121710.html?mod=WSJ_hp_LEFTTopStories
 

There is a growing problem that I want you, the spouse of a loved one who has died, to understand.  If your husband or wife dies, and you did not incur the obligation (example below) then on the death of your husband or wife, their debt dies with them.  You are not personally obligated to pay the debt – period.  The Wall Street Journal points out a growing problem that is caused by aggressive creditors. 


The creditors will (1) try to trick you into believing that you owe the money, (2) try to guilt you into believing that you owe the money, (3) try to harass you into paying the money.
 

What does it mean to incur the obligation?  For example, your husband signed a contract with a credit card company, but you did not sign anything.  Now your husband dies and he owed $15,000.00 on the credit card.  You are not responsible for that money.  A ruthless creditor may try to talk you into making payments or signing something making you legally obligated to pay the debt.  Do not do it.  For more information contact Matthew A. Linde, P.A. today!


Terms and Conditions for Use of Website:  Matthew A. Linde, P.A. (the "Firm") makes available the information and materials on this website, http://www.probatelitigator.com, and http://www.contractlitigator.com  (the "Materials") for informational purposes only to the user ("You.”).  While the Firm hopes the Materials will be helpful as general information, the Firm does not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such.  Furthermore, the Firm accepts clients only in accordance with mutually agreed upon procedures and renders legal advice only after completion of those procedures and when it is legally permissible for the Firm to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. Further, attempting to print a Webpage can distort its meaning because only part of the Webpage will actually print, and links between WebPages is severed by attempting to print a page.  These WebPages are not intended to be printed.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the Firm to send you free written information about the qualifications and experience of the relevant lawyer.   The Firm regularly handles cases in Fort Myers, North Fort Myers, Cape Coral,  Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).
Terms and Conditions for Use of Website:  Matthew A. Linde, P.A. (the "Firm") makes available the information and materials on this website, http://www.probatelitigator.com, and http://www.contractlitigator.com  (the "Materials") for informational purposes only to the user ("You.”).  While the Firm hopes the Materials will be helpful as general information, the Firm does not warrant that the Materials are accurate or complete. Moreover, the Materials are general in nature, and may not apply to your legal issue. Under no circumstance do the Materials constitute legal advice and should not be relied on as such.  Furthermore, the Firm accepts clients only in accordance with mutually agreed upon procedures and renders legal advice only after completion of those procedures and when it is legally permissible for the Firm to do so. Any usage of this website and Materials is provided with no warranties or guarantees of any kind. Further, attempting to print a Webpage can distort its meaning because only part of the Webpage will actually print, and links between WebPages is severed by attempting to print a page.  These WebPages are not intended to be printed.  The hiring of a lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask the Firm to send you free written information about the qualifications and experience of the relevant lawyer.   The Firm regularly handles cases in Fort Myers, North Fort Myers, Cape Coral,  Bonita Springs, (Lee County) Punta Gorda, Port Charlotte, (Charlotte County) and Naples including Marco Island (Collier County).
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Matthew A. Linde, P.A.
12693 New Brittany Blvd.
Fort Myers, FL 33907
Phone: 239.939.7100
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Toll Free: 888.643.6514
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