Florida Assignment of Legacy in Order to Pay Indebtedness

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Multi-State
Control #:
US-01756BG
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Word; 
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Description

A Legacy is a gift of property or money under the terms of the will of a person who has died. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.

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FAQ

Florida law sets a specific order in which a person's final expenses should be paid. First priority is given to the costs administering the estate, attorney fees, and your fee for acting as personal representative, followed by funeral and burial expenses.

Secured debts will get paid first, as they are connected to the assets themselves. Unsecured debts, like credit cards or personal loans, are generally paid last. As executor, it is your legal obligation to put off payment of unsecured debts until funeral costs, estate expenses, taxes, and medical expenses are paid off.

You're not typically responsible for repaying the debt of someone who's died, unless: You're a co-signer on a loan with outstanding debt. You're a joint account holder on a credit card.

Your mother or father may have had substantial credit card debt, a mortgage, or car loan. The short answer to the question is no, you will not be personally responsible for the debt, but failure to pay such a debt can affect the use and control of secured assets like real estate and vehicles.

Debts of the deceased in Florida cannot legally be passed down to the next surviving family member. Florida law does allow for debts to be paid out of the estate before the family receives what is left.

Debts of the deceased in Florida cannot legally be passed down to the next surviving family member. Florida law does allow for debts to be paid out of the estate before the family receives what is left.

You generally aren't responsible for your deceased parents' consumer debt unless you specifically signed on as a co-signer or co-applicant.

As a general rule, the answer is 'no'. A child is typically not responsible for a parent's debts. That being said, creditors could make a claim against your estate?seeking repayment from money that would otherwise be left to a child as their inheritance.

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Florida Assignment of Legacy in Order to Pay Indebtedness