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Estate & Debt in FL

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pengtzu

Junior Member
What is the name of your state? FL

My mother recently passed way in FL. She was estranged from her family (me & my brother). She left behind a simple estate — no real estate, an old used car, a few antiques and some jewelry of modest value. (The executor suggested we bypass probate because there is so little, and tells us that she filed the appropriate forms to do so.) My mother also left behind some credit card debt. One of the credit card companies asked for a copy of the death certificate, and waived her debt. Another, Bank Of America, pushed us very hard to "assume her debt." When I told them we didn't intend to do that, she said that the balance would be treated as any other bad debt, and would soon be sold to a collection agency, which would go after the estate.

Two questions: 1) The main asset she left behind was her car, which we donated to Goodwill. Can BOA make us retroactively liable because they could have seized this car? And 2) My mother also had checking & savings accounts with BOA (less balance than the CC debt). Can they seize these funds and apply them to the credit card debt?What is the name of your state?
 


lwpat

Senior Member
The personal representative is responsible for collecting all the assets of the estate and paying any bills. The PR can be held personally responsible.
 

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