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New Mexico Questions & Answers
1 Answer | Asked in Tax Law, Agricultural Law, Arbitration / Mediation Law and Business Law for New Mexico on
Q: In the case of Agricultural Deductions 7-9-58 for auctioneers will this just cover the buying and selling of livestock?

A truck driver is exempt for hauling feed for live stock under this code. Will the the truck driver be exempt when hauling to and from the auction?

James L. Arrasmith
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answered on Dec 1, 2023

The specific Agricultural Deductions code you're referring to seems to be designed to provide tax benefits for activities directly related to agriculture, such as the buying and selling of livestock. In the context of auctioneers, this would typically cover transactions involving livestock.... View More

1 Answer | Asked in Civil Litigation for New Mexico on
Q: What is the law state constitutes as your home or residence if it's not Your property?
T. Augustus Claus
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answered on Nov 27, 2023

In New Mexico, a person's "home" or "residence" is defined as the place where a person lives and intends to live. This can be a house, apartment, trailer, or any other type of dwelling. A person's home or residence does not have to be owned by the person in order to be... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
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answered on Nov 27, 2023

In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More

1 Answer | Asked in Elder Law and Estate Planning for New Mexico on
Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil

My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More

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answered on Nov 27, 2023

a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:

The testator (the person making the...
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1 Answer | Asked in Social Security for New Mexico on
Q: A lawyer who did NOT work my fiances disability case accepted a portion of his back pay as payment from the SSA

My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say,... View More

James L. Arrasmith
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answered on Nov 26, 2023

Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the... View More

1 Answer | Asked in Civil Litigation and Gov & Administrative Law for New Mexico on
Q: I hit a cow on a state highway 2 days ago and totaled my vehicle.

It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.

The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms... View More

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answered on Nov 17, 2023

Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: My uncle before passing away deeded some property to me. I went to the county clerks office to record the property.

The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle... View More

Anthony M. Avery
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answered on Nov 13, 2023

It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and... View More

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My son has temporary delegation of my 11 year old because there father is in jail for drugs and she wants to live with

Me how does he sign over rights to me or can I just file custody for my daughter I’m her biological mom this is I. The state of Nebraska

T. Augustus Claus
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answered on Nov 13, 2023

Parents can file for a modification of custody if there has been a significant change in circumstances that affects the best interests of the child.

You and the child's current legal guardian could jointly agree to amend the custody order. This agreement would need to be filed and...
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1 Answer | Asked in Wrongful Death and Criminal Law for New Mexico on
Q: Can a first-degree murder in Farmington, New Mexico get out and bomb Even if she don’t pull the trigger
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answered on Nov 12, 2023

In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More

1 Answer | Asked in Consumer Law and Contracts for New Mexico on
Q: Can I get reimbursed for items stolen out of my storage unit?

I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More

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answered on Nov 9, 2023

You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More

1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: I have a guy friend that won’t leave. He is not on my lease but says because he gets mail here he can’t be thrown out.
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answered on Nov 9, 2023

If someone is not on your lease and you want them to leave, you generally have the right to ask them to go. However, if they've established residency, which can sometimes be indicated by receiving mail at your address, they may have certain rights. To legally remove them, you might need to... View More

2 Answers | Asked in Civil Litigation for New Mexico on
Q: Am I at legal risk when I have been assisted and permitted to squat by employees of the property owner
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answered on Nov 9, 2023

If you are squatting with the permission of the property owner's employees, you may still face legal risks. The employees' authority to grant such permission could be questioned, especially if they are not the actual owners or legally authorized representatives.

The true owner...
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1 Answer | Asked in Family Law for New Mexico on
Q: Can I receive any kind of support or property if I leave a relationship after 23 years we are not married .
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answered on Nov 8, 2023

If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More

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answered on Nov 5, 2023

In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More

1 Answer | Asked in Civil Rights and Constitutional Law for New Mexico on
Q: How long can the police hold your property if they haven't done anything with it to get evidence off of it?

In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More

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answered on Nov 5, 2023

In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More

1 Answer | Asked in Consumer Law, Civil Litigation, Collections and Constitutional Law for New Mexico on
Q: Where can I find an attorney to represent me in a case against a local new car dealership and credit union in Abq, NM?

Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More

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answered on Nov 5, 2023

In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More

1 Answer | Asked in Criminal Law for New Mexico on
Q: Do I have to consent to being searched just because someone accused me of taking his things?

This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane

Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free... View More

1 Answer | Asked in Cannabis & Marijuana Law and Criminal Law for New Mexico on
Q: Do I have to consent to a search?
Paul Gerhard Hanson III
Paul Gerhard Hanson III
answered on Nov 1, 2023

No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always... View More

2 Answers | Asked in Bankruptcy for New Mexico on
Q: How long does cashing out a retirement account ($20k) impact income guidelines for Ch 7 filing?

Is it considered income for one month and Iwould have to wait six months for that to not be considered?

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answered on Nov 5, 2023

When you cash out a retirement account, the funds received are typically considered income for means test purposes in a Chapter 7 bankruptcy filing. The means test averages your income over the six months prior to filing, so a large withdrawal could affect your eligibility if it significantly... View More

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1 Answer | Asked in Family Law for New Mexico on
Q: Should i be worried if my girlfriends mom calls the cops on me. I’m 18 and she is 16 and we have been dating for 1y 7m.
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answered on Oct 25, 2023

If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the... View More

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