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legalgems, Lawyer
Category: Legal
Satisfied Customers: 10484
Experience:  Just Answer consultant at Self employed
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My sister is Portuguese. She came to the Minneapolis, Mn and

Customer Question

My sister is Portuguese. She came to the Minneapolis, Mn and got married in August 10, 2008. The marriage did not work out and she returned to Portugal 8 or 9 years ago. She never got divorced. Her husband died September 8, 2017. Now his children are saying that my sister is the next of kin and she is responsible for all this debts. What should she do? She will never return to the United States because she is not well (she is 68 years old). She also has a green card which, I think, has expired. I do not know anything about the laws in the Hennipin County. Can you advise me?
JA: Because family law varies from place to place, can you tell me what state this is in?
Customer: It is in Minnesota.
JA: Has anything been filed or reported?
Customer: I do not know because I live in North Carolina and his children are harrasing me. I am only the sister and I am not responsible.
JA: Anything else you want the lawyer to know before I connect you?
Customer: Since they told me that my sister is the next of kin and she is responsible they also said that she will have is social security. Since she lives in Portugal I do not know how she can claim s.s.
Submitted: 1 month ago.
Category: Legal
Expert:  legalgems replied 1 month ago.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Expert:  legalgems replied 1 month ago.

I am sorry to hear this.

Here is the code that clearly states each spouse is responsible for their own debt - please see:


(a) 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, including any claims arising under section 246.53, 256B.15, 256D.16, or 261.04, and necessary household articles and supplies furnished to and used by the family. Notwithstanding this paragraph, in a proceeding under chapter*****may apportion such debt between the spouses.

(b) Either spouse may close a credit card account or other unsecured consumer line of credit on which both spouses are contractually liable, by giving written notice to the creditor.

When a spouse passes, the spouse's estate is liable to creditors; a surviving spouse is not.

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