Estate Planning

Liability of Surving Spouse for Claims Against Decedent in Florida

By David M. Goldman

In Florida, the surviving spouse is not liable for claims against the decedent. Under the common law a husband was responsible for the deceased wife's expenses for necessities, last illness, and funeral expenses.

At common law, a married woman's legal identity merged with that of her husband, a condition known as coverture. She was unable to own property, enter into contracts, or receive credit. A married woman was therefore dependent upon her husband for maintenance and support, and he was under a corresponding legal duty to provide his wife with food, clothing, shelter, and medical services.

In 1995 the Florida Supreme court abrogated the common-law doctrine of necessaries in the case Connor v. Southwest Florida Regional medical Center, Inc., 668 So.2d 175 (FLA. 1995).

Now neither a husband nor a wife is liable for the other's expenses for necessities in Florida.

Full post as published by Florida Estate Planning Lawyer Blog on September 08, 2008 (boomark / email).