Probate Question/Spouse's Legal Obligation

[Concerned Daughter]

My father died this week in the state of FL.Is my mother(GA) separated for eight years(no legal separation) responsible for his debts? There will be no probate as his estate consists of a bedroom suite, a recliner, and a $5400 loan on a $3000 truck. There is a life insurance policy, but it is in my mother's name due to my father's serious gambling problem. We are currently negotiating with the bank to pay off the loan from his last pay check or to return the truck. Is it true that gambling debts are not recoverable?

 

[lawrat]

I am a law school graduate. What I offer is mere information not to be construed as forming an attorney client relationship.

If the state in which the gambling occurred does not allow gambling, then yes, it is illegal and illegal contracts/debts cannot be enforced.

Legal separation is by court documentation. However, your mom can probably show separation by showing her living situation, spending, bank accounts, etc over the years to show her separation.

It was your dad's responsibility to change the beneficiary on the life insurance. Is there anyone that would contest it?