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Loren, Attorney
Category: Estate Law
Satisfied Customers: 33030
Experience:  30 years experience in the practice of estate law.
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My wife passed away in November of 2014 at the age of 32 from

Customer Question

My wife passed away in November of 2014 at the age of 32 from a aneurism. She had zero assets and no estate- She had an outstanding credit card debt of $1500. We had a trip planned but had to cancel when she died. The airline refunded the money to the bank that held the credit card debt. I had previously closed the account. The Bank reopened the account to accept the money and now has it frozen saying that they are entitled to it to settle the debt. The thing is It was my money and that was her debt. Am I responsible for her debt?
Submitted: 2 years ago.
Category: Estate Law
Expert:  Loren replied 2 years ago.
Thank you for using JustAnswer. I am Loren, a licensed attorney. I will do whatever I can to answer your question and provide you excellent service.
My condolences for your loss.
Unfortunately, since NM is a community property state any debt (or asset) acquired during the marriage is community debt and both spouses are liable for repayment. This is true regardless of which spouse committed to the debt.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not necessarily a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.
Best regards.
Expert:  Loren replied 2 years ago.
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