Outstanding Bills of Florida Deceased
What do you do if you are you getting calls from debt collectors seeking payment of your late loved one’s bills? The loss of a loved one is difficult enough, let alone if you are fumbling through a pile of bills and getting calls from debt collectors. In this article, we will discuss your obligations to the pay bills of your deceased love one.
What is Your Responsibility
Prior to coming to us, many clients continue paying the bills of their deceased loved ones. However, unless you have contractually obligated yourself to pay those bills yourself, you are not responsible to pay them out of your own pocket. These outstanding bills are the responsibility of the estate. Not you! This is true for surviving spouses, as well. So, what should you do with those bills?
What You Should Do with Those Bills
At the heart of probate administration is paying the bills of the deceased. This is particularly the case in Florida if the probate administration is begun within two years of the date of death. So, what should you do with all those bills and phone calls? It is imperative that you save the bills, note the debt collector calls, and sit with an experienced lawyer.
Creditors Obligations and Rights
It is imperative that you provide your lawyer with every bill you receive and advise your lawyer of any collection calls you are receiving, as Florida Probate Rule 5.241 (a) entitles all reasonably ascertainable creditors to receive notice of the death of your loved and their right to file a claim against their death.
Additionally, Florida Statute 733.2121 (2) requires the publication of a notice in a periodical in the county where the probate estate is being administered. These notices provide the timeframe in which creditors must file a claim against the estate and the process for doing it. Florida Statute 733.702 (1) provides creditors 90 days from the publication of the notice in the periodical or 30 days from the receipt of the notice, whichever date is later, to file their claim against the estate. Though Although Florida Statute 733.710 (1) allows a creditor, within 2 years of the date of death, to make a claim against an estate, the publication and service of the notice to creditors essentially reduces those 2 years to 3 months.
If a creditor fails to file their claim within the time allotted, Florida Statute 733.702 (3) forever bars that creditor’s claim. However, if a reasonably ascertainable creditor is not sent the notice, they have the right to ask the probate court to extend the timeframe in which to file their claim. This is why it is of the utmost importance you collect the bills and provide them to your lawyer. In any event, all claims are barred 2 years after the date of death.
Mortgage Payments and Car Payments
Now, with all this, not all bills are created equally. A common question we get is, “should I pay the mortgage and car payments?” Unlike credit card bills or medical bills, for example, with a mortgage and car loan, the home and the car are pledged as collateral for the respective loans. Therefore, if the mortgage or car payments are not made, you run the risk of losing both assets. This does not mean, however that you are responsible for paying these bills. But you may choose to do so if you wish to keep the home and car.
Contact Us
As an experienced attorney I deal with these issues everyday, and can help you make these financial decisions as well as field all those debt collector phone calls. There should be no reason for you to burden yourself with all the bills and phone calls. You already have enough to handle.