Florida Laws on a Deceased Person’s Debt Should I Pay Dad’s Credit Cards?
Resolving an estate’s debt can be complicated — especially when you don’t understand the rules. Craig Hersch explains the process and why you should always consult an estate planning attorney for help. Read his full thoughts at FloridaEstatePlanning.com/should- i-pay-dads-credit-cards-2.
might scoff that the lawyers are first, but who would help administer an estate if all the other creditors consume the estate? Next in line are funeral expenses, up to $6,000. After that, it goes toward federal debts and taxes, then state, including unpaid court costs, fees, and fines. Doctors, hospitals, and attendants relating to the last 60 days of illness follow, then business debts up to the value of the business assets, and finally, all other obligations, which might include unsecured credit cards. If the personal representative or trustee pays bills in the wrong priority, and there aren’t enough nonexempt assets to cover those bills, they are liable to pay the claims that should have been prioritized. So, for example, if the trustee paid the American Express and Visa bills but it turns out that there wasn’t enough money to pay the doctor and hospital bills, the trustee will then have to pay those doctors and hospitals out of pocket because they had priority under the law. If you’re serving as the personal representative (Florida law’s
When a parent dies, one of the first questions their adult children ask me is whether they are responsible for the parent’s debts like mortgages, utilities, credit cards, and hospital bills. Florida law answers these questions. Usually, spouses, children, and other beneficiaries aren’t liable for the individual debts of a decedent. But a misstep can result in personal liability. Florida law provides for the priority of creditor claims. If the decedent’s estate is sufficient to pay all the bills, then there’s no problem. But what if the estate is insufficient to cover the bills? Should the spouse, adult children, or beneficiaries pay out of pocket to satisfy them? Here we look at the Florida statutes, which sets priorities among the bills. Expenses related to the estate administration (lawyers, executors, etc.) are the highest priority and stand first in line. You
executor) in a probate estate or as a trustee of the deceased’s trust, you should always rely on your estate attorney’s guidance. Failing to adhere to the rules means invoices that generally wouldn’t be your responsibility could become your liability.
G o a t C h e
TAKE A BREAK!
INGREDIENTS
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2 skinless, boneless chicken breasts
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4 pieces of thin-sliced bacon
Olive oil
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3.5 oz firm goat cheese
2 zucchinis, thinly sliced 1 large tomato, thinly sliced
1 tsp fresh thyme leaves, plus 2–3 sprigs
DIRECTIONS 1. Preheat oven to 375 F. 2. Split the chicken breasts almost in half along the long side, open them like a book, then flatten the sides out. 3. Put the goat cheese on the “open book” side of the chicken and sprinkle with thyme leaves. Fold the chicken over to enclose the cheese, then wrap each breast in 2 slices of bacon. 4. Lightly oil a shallow gratin or casserole dish, then arrange overlapping rows of zucchini and tomatoes on the bottom. Drizzle with olive oil, sprinkle with salt and pepper, then set chicken on top. Place thyme sprigs on chicken. 5. Bake for 40–45 minutes until the bacon is crisp and golden and the zucchini is tender.
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