Q: Mom died intestate. I'm assigned "estate" representative for myself and two siblings. Her bills exceed her funds. Help
How do I know who gets paid?
A:
There is a specific order in which bills of a decedent's estate get paid if there are not enough funds to pay them all. The probate attorney assisting you will be able to help you what 'class' each particular bill falls into and the order in which each 'class' of debt is paid. When you get to the last class for which there are available funds, those debts are typically paid pro rata.
While most states require the representative of an estate to have a lawyer, New Mexico does not. But like so many other tasks (e.g. rebuilding a car engine), it may be legal for you to represent yourself in a probate proceeding in New Mexico but you shouldn't attempt to do so unless you are thoroughly familiar with how to do it.
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