Legal Question in Wills and Trusts in Minnesota
Old debt's
My mother-in-law passed away in 1998. She had about $20,000 in credit card debt. I am unsure what happened with the accounts.
Her husband passed last week (June 4, 2007). Both of there names are on the house title... an older house with 40 acres of wooded land. My question is: Can the creditors from my mother-in-laws accounts pursue a lien on the house or pursue recouping the money from these accounts 9 years ago. I think not, but my sister-in-law thinks so. Can you help?
3 Answers from Attorneys
Re: Old debt's
I agree with all that Mr. Felix said. But let me add one more thing. The statute of limitations in Minnesota for most claims is six years, and has probably expired on all of those old credit card claims.
Good luck.
Re: Old debt's
Likely, but not 100%, the couple owned the house as joint tenants, so when your mother in law died, your father in law "inherited" the house. If he was on the accounts as an account holder, it is likely that he was not liable on those accounts. One would have to read the relevant land records or the abstract of title to the property to see if this assumption is accurate.
Re: Old debt's
If her husband's name was not on his wife's credit cards then he is not likely to be liable for her debt. The home may be a homestead and, if so, is exempt from creditors. Itprobably passed from her to him by law. There are a number of possible issues which need a full conversation before determining the answer to your question. You father-in-law's estate will have to be probated and creditor's given notice so if he is liable, they will have to be paid. However, speak to a legal counsel.
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