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What Is the Law Regarding Deceased Debt in Florida?
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Get answers to commonly asked questions about our legal services and learn how we may assist you with your case.
Can Debt Collectors Contact Survivors Regarding Debt?
In some cases, creditors are legally permitted to contact the survivors of the debtor. For example, a creditor is permitted to contact the decedent’s spouse when seeking contact information for the estate holder.
Even in these cases, the debt holder is not permitted to claim that the spouse is responsible for paying the money back. This is true as long as the spouse is not a joint account holder or cosigner on a loan.
If you are the legal executor of the decedent’s estate, creditors are legally allowed to contact you about the deceased person’s outstanding debt. You will be responsible for ensuring that the decedent’s assets are used to settle their accounts before being distributed to benefactors.
Can My Deceased Spouse’s Debt Affect My Credit Score?
In most cases, no. Aside from the exceptions discussed above, credit holding companies are not permitted to report your deceased spouse’s debt to credit reporting agencies to represent your financial status.
If a debt holding company does this, you should contact the credit reporting agency to dispute the claim. With the help of a skilled attorney, you can effectively protect your credit score.
Make sure to speak with an attorney with extensive legal experience. You should contact a lawyer or firm with knowledge of the following:
- Debt collection defenses
- Estate and probate matters
- The Fair Debt Collection Practices Act
- Consumer law
- Florida law on deceased debt
A knowledgeable legal professional will review your case and help you protect your credit score and assets.
How Are the Attorneys at Morgan & Morgan Compensated?
Like all reputable tort law firms, Morgan & Morgan operates on a contingency fee payment approach. With this approach, clients do not pay anything unless their attorney successfully wins or settles the case.
When you hire one of the legal professionals at Morgan & Morgan, we will agree to a specific portion of the recovery from your deceased debt case. After we win or settle your claim, that percentage will be used to cover our costs and fees.
You should never hire a lawyer or firm that requires payment before agreeing to represent you. The compassionate lawyers at Morgan & Morgan believe that everyone deserves to pursue justice, not only those with spare financial resources.
With Morgan & Morgan, you will not pay a single penny unless we recover the money that you are rightfully due.
What Should I Know About a Lawyer Before Hiring Them?
Most trustworthy tort attorneys will provide new clients with a free consultation to review the facts of a potential case. During this initial meeting, it is critical to ask any questions that you have.
You can inquire about the general legal process and the specifics of your case. Some typical questions that new clients ask include:
- How long have you been practicing law?
- Have you handled deceased debt cases before?
- What is your case success rate?
- How does your firm handle attorneys’ fees?
- Do you believe I have a valid claim?
- What would your negotiation strategy be in my case?
- How long do you believe this claim would take?
These are only a few examples of the questions that new legal clients ask. Make sure to bring notes about the specifics of your case.
The more information you can provide to your lawyer, the better. You should think of the initial consultation as an opportunity to determine whether the particular attorney or firm is right for you.
Let Morgan & Morgan Recover the Money You Deserve
When you need legal representation in a deceased debt case, look no further than America’s largest tort law firm: Morgan & Morgan. Our skilled legal team understands what is necessary to protect our clients’ assets and interests.
Since the founding of our firm, our team has successfully helped over 100,000 clients. As a result, we have secured more than ten billion dollars in financial recovery for our clients.
Do not settle for less than the best legal team. Fill out the contact form on the Morgan & Morgan website to schedule a no-cost and no-obligation case evaluation today.