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New Mexico Estate Planning Questions & Answers
0 Answers | Asked in Car Accidents, Estate Planning and Insurance Defense for New Mexico on
Q: Hello. When my dad passed away in October of 2021, my mom informed me that he left his truck to me in his will. She said

The insurance would not allow me to drive it unless I made it 2 years with no accidents. I dont actually know if thats a real thing insurance companies can do or if she was just making that up, per her own desires. I have a history of many accidents so it made sense to me and I didnt question it. 2... View More

1 Answer | Asked in Divorce, Real Estate Law, Estate Planning, Family Law and Probate for New Mexico on
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

T. Augustus Claus
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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

1 Answer | Asked in Elder Law and Estate Planning for New Mexico on
Q: My elderly mother verbally told all her children , that who ever cared for her in her home keeps her house . Outside wil

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

T. Augustus Claus
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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...
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1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Elder Law for New Mexico on
Q: Is a verbal wish of elderly parent (mother) valid with more then two witnesses.
T. Augustus Claus
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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

1 Answer | Asked in Contracts and Estate Planning for New Mexico on
Q: I would like to rewrite my Dads will get all the money he left my daughter 250,0000 Then me 240,000.

I get 10,000 a year. I can't do anything with that

Anthony M. Avery
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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.

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

John Michael Frick
John Michael Frick
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 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... View More

Anthony M. Avery
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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

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
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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...
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1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a trustee need unanimous consent from beneficiaries to list trust property for sale?
Nina Whitehurst
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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.

1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: Can I legally sell my house to my POA? Can I legally sell my house if I have a will?
Nina Whitehurst
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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

1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: my sister is the personal representative of my moms estate. she is not cooperating nor answering our questions.

She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021

Nina Whitehurst
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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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Mexico on
Q: Does a granddaughter have more rights to her grandmothers property than a daughter-in-law?

If no will or papers.

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning for New Mexico on
Q: If my mom set up a living trust in arizona and moved to New Mexico, is that trust still valid in New Mexico?
Nina Whitehurst
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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

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a revocable trust protect the property held within from outside lawsuits in New Mexico?
Nina Whitehurst
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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.

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My children have never been notified by the oil producers about their interests. All their cousins. aunts, etc.

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

James Tack Jr
James Tack Jr
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

1 Answer | Asked in Estate Planning for New Mexico on
Q: I’m in New Mexico . Is living revocable trust protect me from a spouse and give everything to my son ?

Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust

Nina Whitehurst
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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.

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My sister passed away and her things are at her boyfriend's house but he won't give them to me voluntarily.

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.

Nina Whitehurst
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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

1 Answer | Asked in Estate Planning for New Mexico on
Q: A family member died with no will. His mom died 2 weeks before he died and he was on her will as the 1st beneficiary.

Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary

Nina Whitehurst
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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...
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1 Answer | Asked in Estate Planning for New Mexico on
Q: After locating the determined attorney for a living trust, he refused to help. What do i need to do?trust is in limbo.
Nina Whitehurst
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answered on Oct 5, 2019

Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.

1 Answer | Asked in Estate Planning for New Mexico on
Q: Is my will from WA good in NM.

I had a will drawn up in the State of WA a couple of years ago leaving everything to my one and only daughter. I don't own any property except a car. I moved to Santa Fe this past May.

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 13, 2019

As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.

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