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
A:
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 property would be entitled to those insurance benefits/payouts as well as the property itself.
However, if your mother died intestate (without a will) then it becomes a bit more tricky to answer. If your mother was unmarried at the time of her death and died intestate, you and your brother (along with any other siblings) would inherit her Estate equally. NMSA 1978, § 45-2-13. Therefore, you would share in the insurance benefits equally and/or have the option to use them to fix up the property, sell it and split the proceeds evenly.
However, if she was legally married at the time of her death (to your father or anyone else) her spouse at the time of her death is entitled to one quarter of her intestate Estate under NMSA 1978, § 45-2-102(A)(2). Further, they would be entitled to one half of the community property in the marriage. NMSA 1978, § 45-2-102(B). I hope this answers your question and/or gets you headed in the right direction.
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.
