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My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More 
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answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
We have two 80-acre farmland plots still titled to grandparents (both deceased). Plots were willed to their two children (also deceased). Problem with communication between two families. Is it possible to petition the court to have the two properties split, one to each family? If so, what paperwork... View More
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answered on Nov 12, 2024
Hire a NM attorney to file an action for a Partition In Kind. All tenants in common must be Parties.
I'm the 47 year old child in question, and my mother did this without my knowledge or consent before I even knew my grandmother had left anything to any of her grandchildren. And my grandmother that passed was my father's mother, not hers. My parents were divorced when I was a young... View More
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answered on Jun 2, 2024
For a parent to legally set up a trust for their adult child's inheritance without their knowledge or consent, certain conditions must be met. Generally, the person setting up the trust must have legal authority or be named as a trustee by the deceased in the will or estate plan. If your... View More
Like the house the property and there was no will and we have two kids
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answered on Jan 10, 2024
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... View More
My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More
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answered on Nov 27, 2023
a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:
The testator (the person making the... View More
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answered on Nov 27, 2023
In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your... View More
I get 10,000 a year. I can't do anything with that
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answered on Jun 12, 2023
Have your Father contact a competent NM attorney to draft a new Will. If you interfere too much, then your Family will contest the Will later. It is his decision, not yours. But you can request a change with a good lawyer. Will must be drafted and executed properly.
How do I know who gets paid?
answered on Jun 5, 2023
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... View More
#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... View More
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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... View More
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
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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... View More
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answered on Jul 20, 2022
Your question cannot be answered without reviewing the trust instrument, but typically the answer would be no, the trustee does not require beneficiary consent to sell property.
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answered on May 24, 2022
Absent very unusual circumstances, you can sell anything you own to anyone you want. And having a will does not prevent you from selling anything you own. However, these are very general answers to very general questions. Clearly you are concerned about or troubled by something. Follow your... View More
She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021
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answered on Aug 15, 2021
If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.
If no will or papers.
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answered on Jul 6, 2021
Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.
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answered on Jun 10, 2021
States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... View More
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answered on Dec 21, 2020
The simple answer is no. You should consult with an attorney who specializes in asset protection if that is your highest priority.
had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... View More
answered on Sep 22, 2020
This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... View More
Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust
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answered on May 13, 2020
A revocable living trust created by you will not protect the assets in it from your spouse in the event of divorce.
They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.
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answered on Apr 20, 2020
The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... View More
Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary
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answered on Feb 28, 2020
It really depends on how his mother's will was worded. It is not possible to answer that question without reviewing the mother's will.
With respect to the life insurance, yes, most likely those life insurance proceeds will go to the named beneficiary's estate, given that... View More
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