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New Mexico Questions & Answers
1 Answer | Asked in Consumer Law for New Mexico on
Q: I bought a used truck and the transmission failed within 3 days what can I do
William Jeptha Williford
William Jeptha Williford
answered on May 12, 2023

Typically, used vehicles are sold as-is. Lemon laws vary from state to state but generally speaking, they only involve brand spanking new vehicles purchased directly from a dealership that has had multiple failed attempts to fix the same issue. Again, these exact parameters are not true for every... Read more »

1 Answer | Asked in Bankruptcy, Foreclosure and Real Estate Law for New Mexico on
Q: I have a standard real estate contract. If I had to file bankruptcy Would it protect my property from foreclosure ?
Anthony M. Avery
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Anthony M. Avery
answered on May 3, 2023

If you only have a Lease with Option to Purchase, then you do not own real property, only a contract right. That would be personal property which you could reaffirm or discharge. If you are the land owner, then that could easily be property of the BR Estate. If debt is in default, the... Read more »

1 Answer | Asked in Family Law, Child Custody and Social Security for New Mexico on
Q: What do I do if who was granted temporary kinship guardianship, recieved significant financial gain as a result ?

Mother in law and fiance were granted temporary kinship guardianship of Parent's three children in 2021. Guardians have received a significant financial gain as a result. Specifically the grandmother's social security disability benefits. As well as food stamps. The benefits are in mother... Read more »

James L. Arrasmith
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answered on May 2, 2023

If you believe that the guardians have received a significant financial gain as a result of their temporary kinship guardianship and have not used these funds appropriately, there are several steps you can take.

Firstly, you may want to consider contacting a lawyer who can advise you on...
Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Hello, my husband was arrested yesterday for possession of a firearm by a felon. How much time is he looking at?

He's been out of trouble for over 5 years now & only fell asleep at a gas station to rest so he wouldn't endanger anyone else's life while driving

D'nae L. Robinett
D'nae L. Robinett
answered on Apr 10, 2023

The statute that covers the New Mexico state crime commonly called felon in possession is 30-7-16: firearms or destructive devices; receipt, transportation or possession by certain persons. That charge is a 3rd degree felony which carries a basic sentence of up to 3 years incarceration. There is a... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: What would most likely happen in court on a first time stolen vehicle charge in nm
D'nae L. Robinett
D'nae L. Robinett
answered on Apr 6, 2023

Every case is unique and requires thorough investigation and research. Typically, a stolen vehicle case is charged as either unlawful taking of a vehicle or motor vehicle (30-16D-1) or receiving or transferring stolen vehicles or motor vehicles (30-16D-4). Both charges are 4th degree felonies in... Read more »

1 Answer | Asked in Criminal Law, Traffic Tickets and Civil Rights for New Mexico on
Q: Can a different officer take over the stop of another officer,tell him to leave then arrest the person.

Shouldn't it be the initial officer that stops the individual who tickets and arrest that person. The initial officer pulled Person over for a head light being out. Other officer shows up and tells the initial officer to leave that he gots this.

D'nae L. Robinett
D'nae L. Robinett
answered on Apr 6, 2023

Typically, the stopping officer is the officer that issues a citation. However, there are circumstances where an officer can take over an investigation for reasons unrelated to the incident i.e. going off of shift or needed on another call. You should contact a lawyer to review your citation and... Read more »

1 Answer | Asked in Foreclosure for New Mexico on
Q: Notary agent absent during signing of both parties so is the documents even valid ot legal?

Deceased left his home through his Will with a reverse mortgage that ended up going thru a foreclosure sale just recently, what can I do to keep my home & change the title into my name?

John Michael Frick
John Michael Frick
answered on Mar 29, 2023

The absence of a notary public’s signature does not necessarily invalidate a written instrument.

The purpose of having a notary public witness a party’s signature is to eliminate the necessity of further evidence proving who signed the instrument.

If the notary’s signature is...
Read more »

1 Answer | Asked in Estate Planning and Elder Law for New Mexico on
Q: Can an Amendment to a Trust document be voided because of inaccuracies?

#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.

#2 The Amendment was based on the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Mar 24, 2023

Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs... Read more »

1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: My mother passed away last year and I am the successor in interest to the estate but I also have 1 brother.

I lived there with my mom but after she passed I moved in with my dad so the property was empty. The property was vandalized and or stuff stolen and the insurance is going to cover the damages. Is my brother entitled to half of the insurance money for the break in

Evan Woodward
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answered on Mar 13, 2023

I am sorry that you lost your mother.

The answer to your question depends on the fact scenario involving your mother's Estate at the time of her passing. If your mother died with a valid will - the provisions of the will must be followed. Therefore, whomever inherited the damaged...
Read more »

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Social Security for New Mexico on
Q: Can a person on disability help(volunteer) her husband in cannabis business without losing benefits?
James L. Arrasmith
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answered on Mar 4, 2023

It depends on the specific circumstances and the laws and regulations of the state in which the person resides. Generally, disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. If a person is receiving disability benefits, they... Read more »

1 Answer | Asked in Tax Law for New Mexico on
Q: I filled a 1099 tax return in 2014 thru H&R BLOCK paid $1058.00 fed IRS got back & $178.00 from state/ filed 2022 taxes

state it said I suppose to get $374.00 back from state but State sent letter they kept $374.00 for 2014 gross recipe taxes HOW DO FIND OUT what's going on with that H&R BLOCK said they made no mistakes on 2014 tax return

James L. Arrasmith
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answered on Mar 4, 2023

If you received a letter from the state indicating that they kept $374.00 of your refund for 2014 gross receipt taxes, it is possible that there was an outstanding tax liability or other issue related to your 2014 tax return. Here are some steps you can take to investigate further:

Review...
Read more »

1 Answer | Asked in Tax Law for New Mexico on
Q: Can we claim foster children on taxes who were in our care just under 6 months last year, 2 months longer than anyone
James L. Arrasmith
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answered on Mar 4, 2023

Under tax law, you may be able to claim foster children as dependents on your taxes if they meet certain criteria, including the length of time they were in your care. To claim a foster child as a dependent, the child must have lived with you for more than half the tax year and meet other... Read more »

1 Answer | Asked in Child Custody, Child Support, Family Law and Libel & Slander for New Mexico on
Q: A standing custody court order, motions and responses filed last fall, Judge recused herself. Status Conference3/3/23

There are a few odd things that have happened including motions filed last sept. Why did judge recuse? She literally added a line and stated "for good reasons". Respondent had atty's but they have recently withdrawn due to difficulties between client and themselves. Now a hearing... Read more »

Gary William Boyle
Gary William Boyle
answered on Feb 28, 2023

Generally, a statis conference is just what it sounds like. The new judge likely wants to find out what is happening in the case and which of the prior filings still need to be resolved. The new judge might also want to actually schedule additional hearings. A status conference is usually... Read more »

1 Answer | Asked in Real Estate Law for New Mexico on
Q: Our names are on the deed of our daughters house. She purchased it, no mortgage. We want to remove our names.
Anthony M. Avery
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Anthony M. Avery
answered on Feb 8, 2023

Hire a NM attorney to draft a Quit Claim Deed from you two over to your Daughter. Execute it properly and record it. There may be tax consequences which should be examined first if the property is valuable. It may have a mortgage or lien on it now.

1 Answer | Asked in Intellectual Property, Trademark and Copyright for New Mexico on
Q: I am asking for clarification on the Let's get Ready to Rumble trademark.

I am a pastor at a church beginning a new series called "the Rumble" We would like to have a mic fall from the ceiling and one of the pastors to say Let's Get Ready to Rumble. We have a livestream and want to avoid trademark/copyright issues. Can I have some assistance in this?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 2, 2023

LET'S GET READY TO RUMBLE has been registered since 2000 for advertising and entertainment, by sports announcer Michael Buffer through his corporation READY TO RUMBLE INC. The proposed use for similar services could be considered infringing by the trademark owner. However, since the context of... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Three car accident, was 3rd hit. At fault driver insurance says can't pay until all parties sign off

I was the 3rd car hit in a 3 car accident. The at fault driver's insurance was a $25,000 limit. No injuries reported from us or the person who hit me because of the person who hit him. Settlement on my side for repairs was settled, and OOP expenses was additional (hotel, rental car, food etc)... Read more »

Tim Akpinar
Tim Akpinar
answered on Jan 17, 2023

A New Mexico attorney could advise best, but your question remains open for three weeks. As a general rule nationwide, it's possible that not having unanimous agreement among all parties in a multi-car accident could result in delays when there are low policy limits. A policy will usually... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: see details on question of NM statue covering required level of repair to not at fault driver's car.

I was rear ended at a stop light, which was red. Other driver stopped, exchanged license/ insurance. There has been no argument as who's at fault. I have a 2019 Ford Edge, it was still under the 3 year/30,000 mile factory warrantee, only has 13,000 miles on it, absolutely no... Read more »

Tim Akpinar
Tim Akpinar
answered on Dec 1, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to arrange a brief consult with a local attorney to discuss your choices under state-specific consumer/insurance law. A law firm would probably not handle something of this nature on a contingency... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... Read more »

1 Answer | Asked in Personal Injury and Landlord - Tenant for New Mexico on
Q: Does Apartment Owe Me?

In April my apartment living room was flooded with about 1.5 inches of water while I was at work. The management deemed it a biohazard due to potential mold and I was not allowed in my apartment and essentially evicted on the spot. 5 days after the flood I got a call from management while I was at... Read more »

Tim Akpinar
Tim Akpinar
answered on Oct 13, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. One option is to reach out to attorneys to try to arrange a free initial consult for discussing a property loss claim. There are a number of issues to sort out here, in terms of insurance, records to validate the... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

Anthony M. Avery
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Anthony M. Avery
answered on Oct 3, 2022

Call the Court in your County that handles Probate and ask them. It should not be difficult. But if Probate costs too much, you might try an Affidavit of Heirship. Possibly legal aid might assist. It can be recorded and might then suffice for the Bank to release funds to the Next of Kin.... Read more »

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