Location: Florida. My wife passed away last month. She had 2 credit cards, each with a balance, and a 3rd with a balance in which I was an authorized user and a hospital bill. We have a joint checking account and both our names are on the truck title and the house deed. She does not have any assets in her name. Are these considered an estate and I, as her designated representative and spouse should pay them? Or should I say there is no estate? I will eventually get a life insurance payment so can pay them if I am responsible for the debts. Confused on what is considered her estate. Thanks.
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Sorry to hear about your loss. Generally, spouses who own property jointly will hold it as joint tenants with the right of survivorship, which means that when one spouse passes away, the property instantly becomes the other spouse’s sole property, and does not pass through the estate. So you most likely can say that there is no estate.
However, in regards to your house, Florida law requires that the right of survivorship is explicitly stated on the deed. So you should check your deed and make sure that there is some language like “Grantees, as joint tenants with the right of survivorship”.
In regards to your truck, Florida law also has a requirement for explicit language. You should check your title and make sure that it says “John Doe OR Jane Doe”, which means joint tenancy. If it says “John Doe AND Jane Doe”, then you have a tenancy in common, which means that her stake in the truck would pass to the estate. (But even in this case, there’s a vehicle exemption, so it probably wouldn’t be counted as an asset that can be applied to her debts.)
In any case, you are not personally liable for her debts. A life insurance policy that names you as the beneficiary is paid directly to you and doesn’t go through the estate, so it would not put any obligation on you to pay those debts.