Las Cruces, NM asked in Probate for New Mexico

Q: I don't understand why I was named an Heir, and my sibling are devisse It makes no sense to me,

All my siblings were given shares of my moms estate, but I wasn't. I am very heartbroken right now.

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Estate Planning Lawyer
  • Fowlerville, MI

A: I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'. Everything from 'x needs it more than y' to 'x has a drug problem so I don't want to add to it by leaving something to x' to 'x is on government benefits and if I give them anything they will lose that'.

Without discussing the situation in detail it is impossible to know what was going on, but that goes beyond the scope of a forum like this. Please consult with a local attorney if you have questions about this. He or she can gt into the facts with you and perhaps you can discover what what going on here.

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

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