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Questions Answered by Michele Ungvarsky

2 Answers | Asked in Probate for New Mexico on

Q: Do I need to file probate in New Mexico where my husband died in an accident without a will?

Michele Ungvarsky answered on Oct 17, 2013

The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.

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1 Answer | Asked in Probate for New Mexico on

Q: Can a probate attorney tell if a will is fraudulent?

Misspelled and incorrect names, incorrect addresses - and form. I'm certainly no expert but it appears bits and pieces were taken from the original will then used to create a "new" one. Very unprofessional looking. My deceased loved one was a business professional. End of life affairs would have... Read more »

Michele Ungvarsky answered on Oct 17, 2013

The will should be contested if it has been submitted to probate. You will need evidence to show the court that the will should be voided.

1 Answer | Asked in Probate for New Mexico on

Q: I have 1 sibling (9 deceased). Mothers house sold, do me & living sibling split money or do grandchildren legaly get $

Michele Ungvarsky answered on Oct 17, 2013

If your mother had a will the proceeds from the sale must be distributed according to the will. If there is no will and no surviving spouse then to her children equally, if the child is deceased then that share goes to that child's children equally.

1 Answer | Asked in Estate Planning for Texas on

Q: Does one have to have an original of the will for probate and/or will a xerox copy of the will be accepted.

Michele Ungvarsky answered on Jun 12, 2013

You will need the original will. If you have a copy contact the attorney who drafted the will to see if s/he has an original.

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