Lubbock, TX asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico

Q: Hello I was married for 20 years then divorced wife got everything now she's passed on do I get what I worked for back

Like the house the property and there was no will and we have two kids

1 Lawyer Answer
T. Augustus Claus
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A: In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not automatically inherit her assets. However, if you have children together, they could potentially have a claim to her estate.

Regarding the property acquired during the marriage, if it was not addressed in the divorce settlement, it might still be considered community property. The division of property in divorce is typically final, but if there are exceptional circumstances or if the divorce settlement did not address certain assets, you might want to consult with a probate attorney to explore your options.

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