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New Mexico Questions & Answers
1 Answer | Asked in Landlord - Tenant for New Mexico on
Q: On an eviction court papers last name is wrong and was passed through court system , isn't this fraud ?

I'm in the state of new mexico

John Michael Frick
John Michael Frick
answered on Mar 23, 2023

Fraud depends on whether there was an intent to deceive and justifiable detrimental reliance by the target of the fraud.

It could just be a mistake.

0 Answers | Asked in Criminal Law for New Mexico on
Q: The arresting officer didn't show up to my court today and they continued my case what can I do

Is there something my public defender can do since they didn't show up instead of having my case continue couldn't she get it dismissed

0 Answers | Asked in Probate for New Mexico on
Q: I am the PR for my Mothers estate in New Mexico who passed away 2007. There is a lien against the estate

For a promissory note. Can the bank collect

1 Answer | Asked in Estate Planning and Elder Law for New Mexico on
Q: Can an Amendment to a Trust document be voided because of inaccuracies?

#1 The Amendment changes the terms stated in a specific Article of the Trust , but the Reference is erroneous. In this instance, said Amendment refers to Paragraph 6.K of Article VI, but there is no such paragraph. There is however, a paragraph 6.G.

#2 The Amendment was based on the... Read more »

Anthony M. Avery
Anthony M. Avery
answered on Mar 24, 2023

Assuming the Settlor of the Trust is making the Amendments, he can usually amend a revocable trust any time he wants, erroneous or not. The Successor Trustee may be charged with having to pay into the Trust he runs. If he disagrees, he might want to resign as Trustee. Successor Trustee needs... Read more »

0 Answers | Asked in Adoption and Family Law for New Mexico on
Q: how do we file for child abondament and child neglect

we have permamnent kinship guardianship for our son and he was born addicted to drugs and trying to see how we can get child abandoment and child neglect on his biological parents

0 Answers | Asked in Real Estate Law and Landlord - Tenant for New Mexico on
Q: Can I get ownership over my grandma's house, from the trustee if I live in it?

My grandma died on April 5, 2022, before this she told me and my aunt that I or my daughter was to get her house. My aunt was the trustee. My mom bullyfooded her to sign it over to her. She plans to sell it. But it is where I have lived since 2020 with my 2-year-old daughter. While living here with... Read more »

0 Answers | Asked in Estate Planning, Business Law and Probate for New Mexico on
Q: After my father's death, who did not leave a will, my brother closed the family LLC business. I had 10% ownership.

It looks like my brother didn't pay the company's bills. The debt to the bank is a staggering sum. The other bills I can only guess at. My brother will not communicate with me; I am in the dark about things. It has been closed down for a year now. I did not have a decision-making role... Read more »

1 Answer | Asked in Employment Law for New Mexico on
Q: Employer says advertised salary range was incorrect are they liable for posted salary range?

During salary negotiations was advised the posted salary range was incorrect (error by HR) and the actual range is lower. Are they legally bound to the advertised range?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

Generally no. If you are paid on a salary basis, your employer need only pay you at least $684.00 per week assuming you are properly classified as a salaried employee in order to comply with the law.

0 Answers | Asked in Uncategorized for New Mexico on
Q: Can a doctor to withhold your medication prescription (Clonazepam) unless you take a drug test?

I have taken several drug tests as required by my doctor with Presbyterian Medical Group. I take Clonazepam and the doctor will not allow refills unless I sign a Control Substance Agreement. Is it legal to be subjected to this drug testing without any objective evidence that I am abusing my... Read more »

0 Answers | Asked in Business Law and Gov & Administrative Law for New Mexico on
Q: In NM can a mutual domestic corp serve as an HOA? Can they organize an HOA under their own authority to run a townsite?

A mutual domestic, as formed under the NM Sanitary Projects Act, does not include a stated power to serve as an HOA in a NM townsite, village, etc. But they can form some type of entity or subcommittee to perform HOA duties, correct? If so, what are the parameters for forming that entity or... Read more »

0 Answers | Asked in Criminal Law and Collections for New Mexico on
Q: If your neighbor breaks your window high on meth, can she go to jail. P.d. say witnessing must happen.

She knocked at my door so I locked door and she proceeded to brake my bathroom window. Police stated she doesn't have to answer her door. Called them next day she denied it and they said I'd have to had seen her brake it . Report was taken. What can I do? The month before she broke 5... Read more »

0 Answers | Asked in Consumer Law for New Mexico on
Q: Can I find an attorney to sue Carshield/American auto shield for denying a repair claim?

I complained to the BBB and the Nm Attorney Generals office and they are being impossible. My vehicle needs a new engine. It has been in the shop since September of 2022. It was approved and denied twice and now they are trying to get rid of me with a partial repair and 500.00

1 Answer | Asked in Estate Planning and Probate for New Mexico on
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

Evan Woodward
Evan Woodward PRO label
answered on Mar 13, 2023

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...
Read more »

0 Answers | Asked in Family Law for New Mexico on
Q: My fiancee was murdered. His eldest son is to speak with D.A. He insist i do but uncle is "taking over" can son give POA

Stepson is only 19. He doesnt really know how to go about keeping up with the case. My fiancees brother is the only one who speaks with D.A. and sometimes doesnt tell us about the court date via zoom until hours before. If my son signs a poa for me to handle legal issues. Being he is the eldest son... Read more »

0 Answers | Asked in Workers' Compensation for New Mexico on
Q: I'm a physical therapist in NM, and I just want to make sure that I understand the ex parte contact provision.

(In re: Section 52-10-1, Church's Chicken vs Hanson)

If I have a WC patient, do I need to obtain that patient's verbal or written consent before talking to his/her WC adjuster? Or am I legally allowed to talk to the adjuster without receiving the patient's consent first?

Thank you.

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