Legal Question in Credit and Debt Law in New Mexico

If a spouse passes away after an illness, does the living spouse have to pay all the medical bills, co-pays and deductibles? The bills are in the deceased spouse's name.


Asked on 5/12/10, 8:19 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

New Mexico is a community property state. With certain exceptions, each spouse is legally responsible for the necessary debts of the other within the community. It is actually the community which owes the debt, and it is from community funds that the debts are paid. Medical expenses are deemed 'necessary debts' in NM.

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Answered on 5/26/10, 7:49 am


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