Albuquerque, NM asked in Family Law and Probate

Q: An unmarried aunt has recently died intestate. Her closest living relatives are her siblings. Do they inherit?

She had no children. Her only remaining living relatives are one brother, one sister, six nieces and 3 nephews -- all adults. Also, one of her nieces is a personal injury attorney who apparently appointed herself person representative. Is there a conflict of Interest in her doing so?

Related Topics:
1 Lawyer Answer
Nina Whitehurst
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Probate Lawyer
  • Crossville, TN

A: In New Mexico her siblings would inherit everything.

An interested party is not disqualified from serving as a decedent's personal representative. More often than not the personal representative is an interested party. If you object to the court appointing anyone in particular as personal representative, you need to hire an attorney to help you file an objection. There are deadlines for doing this, so do not delay.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.