Get free answers to your Estate Planning legal questions from lawyers in your area.
I need guidance on how to address potential financial mismanagement involving my mother's assets. My sister is the Power of Attorney for my mother, who has dementia, and I am her primary caregiver. For the past year, I've tried to communicate with my sister about missing funds, but she... View More 
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answered on Apr 12, 2025
This sounds like an incredibly difficult and emotional situation, especially since you're caring for your mother day-to-day and trying to protect her well-being. In New Mexico, someone granted Power of Attorney (POA) has a legal duty to act in the best interest of the person they represent. If... View More
I am considering gifting CDs to my two grandchildren, aged 12 and 17, in New Mexico. Each CD would start at $15,000 from my Credit Union. Given New Mexico's $16,000 gift limit and the availability of free higher education in the state, I want to ensure the funds can be used for other expenses... View More
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answered on Apr 2, 2025
Hire a NM attorney to construct those gifts. They involve many different laws and may require a trust or a gift to minor act, etc. The expense required may not justify this.
My mother recently passed away without a will. She was separated from her husband at the time due to a restraining order, and I know she appointed me as her power of attorney. Her husband is now trying to take control of her entire estate, including her vehicle. I'm the only heir contesting... View More
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answered on Apr 12, 2025
Since your mother passed away without a will, her estate will be distributed according to the laws of intestate succession in your state. As her only heir, you have a legal claim to her estate. The fact that her husband is separated from her and there is a restraining order in place may affect his... View More
My mother, who has dementia, is currently under the care of a nursing home, and her power of attorney has been negligent, preventing her son, who is her favorite, from having any contact with her. The nursing home has made false claims that the son is discourteous and disruptive, but we have a... View More
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answered on Mar 16, 2025
If your mother lacks the capacity to terminate the POA herself, your only option is to go to court to get a guardian appointed for your mother.
I am seeking to become the administrator of my deceased mother's estate. My sister passed away many years ago, and my brother is homeless and unreachable. I need guidance on how to be appointed as executor quickly, as my cousin, who holds power of attorney, continues to spend funds from my... View More
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answered on Mar 4, 2025
Hire a NM attorney to file for a conservatorship/guardianship with you as the fiduciary.
My father just passed away and I know there was at least 1 will possibly 2 and my brother says he is the named executor and he doesn't have to file it in the courts nor does his estate have to go through probate. He also is refusing to let me see the will telling me my fathers home is going to... View More
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answered on Feb 13, 2025
Hire a NM attorney to file for an intestate administration. The administrator will have to make a bond and then start marshalling up the Estate's assets.
My father just passed away and he named my brother as his legal representative in his will. My brother believes because he is listed as my father legal representative that my fathers estate does not have to go through probate court. Is that correct? If not what exactly is the law regarding probate... View More
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answered on Feb 5, 2025
Where there’s a will there’s probate. The will only nominates an executor. It takes a court order to appoint an executor. Most of the time the court goes along with the nomination in the will, but not always.
Can the home valued at 56000 be transfer to heir with our probate?
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answered on Feb 1, 2025
Deceased heirs own it at death unless the Will is probated, which may be advisable. Hire a NM attorney to search the title, determine heirship, then record an affidavit and/or deeds to get it to the heir who wants it.
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answered on Jan 27, 2025
I hate to be the bearer of bad news but no will means the decedent’s property goes to next of kin.
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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