According to Florida law, a widow (surviving spouse) is not responsible for her husband’s debt after his death. Only the personal representative of the husband’s estate (assuming probate is necessary, which may not be the case) is responsible for paying any valid, properly presented, and timely filed debts or expenses before distributing the estate assets to the surviving heirs.
In any event, no claim (debt) is valid 2 years after the death of a person. The only exception is if the claim is timely filed during a probate administration:
733.710 Limitations on claims against estates.—
(1) Notwithstanding any other provision of the code, 2 years after the death of a person, neither the decedent’s estate, the personal representative, if any, nor the beneficiaries shall be liable for any claim or cause of action against the decedent, whether or not letters of administration have been issued, except as provided in this section.
(2) This section shall not apply to a creditor who has filed a claim pursuant to s. 733.702 within 2 years after the person’s death, and whose claim has not been paid or otherwise disposed of pursuant to s. 733.705.
(3) This section shall not affect the lien of any duly recorded mortgage or security interest or the lien of any person in possession of personal property or the right to foreclose and enforce the mortgage or lien.
Related:
_______________
Do you have questions or comments? Then please feel free to send Larry an email or call him now at (954) 458-8655.
If you found this information helpful, please share this article and bookmark it for your future reference.