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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33801
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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When my wife died, she left a credit card with a balance on

Customer Question

when my wife died, she left a credit card with a balance on it. my name has never been on that account. it has never been a joint account. none of our accounts were ever joint, except for the home equity line, which i have been paying on. do i have any obligation to pay on her account?
Submitted: 1 year ago.
Category: Legal
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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Since MN is not a community property state, then wife's estate is the only entity that could be held liable for her debts unless they were medical debts or necessary household expenses.

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The law in Minnesota is found in state statute section 519.05. It states in relevant part that “a spouse is not liable to a creditor for any debts of the other spouse. Where husband and wife are living together, they shall be jointly and severally liable for necessary medical services that have been furnished to either spouse…..and necessary household articles and supplies furnished to and used by the family.”

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So if these were just her private charges for her own benefit, you aren't liable and if her estate doesn't have enough money in it to pay them, the creditors just lose.

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thanks

Barrister

Customer: replied 1 year ago.
my wife's mother left an investment account for her, in her brother's name. brother stated he is afraid to turn it over because there was an outstanding charge against the mothers estate by a nursing home, when the mother died, over seven years ago. is there a time limit that the nursing home is bound by with regard to the mothers estate?
Expert:  Barrister replied 1 year ago.

If wife's mother left an investment account with wife as the beneficiary, then that money would go directly to wife after mother's death. I am not sure why it wouldn't have already been distributed to wife if her mother was deceased.

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If we are now switching gears and talking about the mother's estate, then any creditors would have to file a suit against her estate within 6 years of the debt going into default or it would be beyond the time to pursue collection.

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If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided so I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.

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thanks

Barrister

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