Albuquerque, NM asked in Probate for New Mexico

Q: My son passed away he was only 19 do I need to do probate seeing his dad in another state wants to come take all he had.

Not married no children lived with me for 9 years alone after divorce.

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1 Lawyer Answer
Anthony M. Avery
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Answered
  • Probate Lawyer
  • Knoxville, TN

A: More than likely, both you and the father are the heirs and next of kin. So he has an interest in the property the same as you. If there are no assets, then there is probably no need for Probate. If the Son owned land or cash, etc., then Probate may be needed, and you can charge fees as the Administratrix prior to asset distribution.

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