Can credit cards my deceased husband own put a lien on this trailer we owned together?

by Linda
(FL)

My husband died last month. He had 3 credit cards that he was paying on. The largest one being $4800. These were in his name only. We were living on his disability check. I do not have a job and can't seem to find one. We own this trailer together. Can they put a lien on it? Do I have to pay his debts?

Reply from DebtCollectionAnswers.com:

Linda - Our sincerest condolences. We aren't attorneys and can't give you legal advice. As we've explained, though, creditors generally can't go after the surviving spouse directly for the debt unless they live in a community property state (which Florida is not). So the question would be whether the trailer would be considered part of the estate, and whether the creditor could perhaps put a lien on the trailer in an effort to collect.

That's a question for an attorney to answer for you, but keep in mind that Florida has very generous exemptions for homesteaded properties. (We don't know if/whether your trailer has homestead protections but that's something to keep in mind.)

If these creditors are pressuring you to pay his debts, Linda, it would be worthwhile to find out whether there is any property they could try to go after. You could likely find that out from a bankruptcy attorney if you aren't sure whom to consult.