answered on Feb 6, 2024
In New Mexico, if you need to request a continuance for a court hearing scheduled for the same day due to your child being sick, you should file a Motion for Continuance with the court as soon as possible. This motion should explain the reason for the request, specifically mentioning your... View More
Three people an the quit claim. Two have not been back nor paid any upkeep or taxes in four years.
answered on Feb 5, 2024
You can ask the other TICs for apportioned monies owed, sign over their interests to you by deed or file a suit for partition.
answered on Jan 30, 2024
There is no specific law that states a precise age at which a teenager can be legally left at home alone. The decision is generally left to the discretion of the parents or guardians, who are best positioned to assess the maturity and capability of the child.
It's important for... View More
If a dist judge orders you to take a specific drug test at the request of the other party, based on allegations or hearsay. Would that be an illigall search and seizure?
answered on Jan 30, 2024
NO, it is based upon the reasonable belief of the other party. Often a judge orders all parties to be tested. Hearsay is an out of court statement being used by a party for the truth of a matter asserted. A party actually saying "I think this guy is using drugs" is NOT hearsay by... View More
Like the house the property and there was no will and we have two kids
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
Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it
answered on Dec 5, 2023
In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.
First, you need to file a petition in the probate court that is handling... View More
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
Me how does he sign over rights to me or can I just file custody for my daughter I’m her biological mom this is I. The state of Nebraska
answered on Nov 13, 2023
Parents can file for a modification of custody if there has been a significant change in circumstances that affects the best interests of the child.
You and the child's current legal guardian could jointly agree to amend the custody order. This agreement would need to be filed and... View More
answered on Nov 8, 2023
If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have... View More
answered on Oct 25, 2023
If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the... View More
We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.
answered on Oct 24, 2023
In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More
I have POA of my fiancé tht is incarcerated
answered on Oct 11, 2023
In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and... View More
answered on Sep 28, 2023
In New Mexico, filing for abandonment might be an option if your ex-husband has had no contact with your daughter for an extended period. Generally, abandonment is defined as the deliberate act of relinquishing all rights and claims to a child. Legal requirements may vary, so it's important to... View More
answered on Sep 14, 2023
In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be... View More
answered on Sep 14, 2023
Grandparents rights are defined in NMSA Section 40-9-2. Those rights depend on a variety of factors including whether the parents are living or deceased, the age of the grandchildren and whether they have resided with the grandparents, and a series of factors aimed at determining what sort of... View More
Gaining off of the house because I was renting it out. Can she get introuble for personal gain and can I undo what she did?
answered on Jul 24, 2023
You can revoke the POA anytime. I would notify any interested parties such as the renters. You can also sue her for breach of fiduciary duty for presumptively fraudulent transfers of your money to herself.
We have acres in a family Spanish land grant turned LLC. My sister passed. Does my brother in-law have entitlement or interest
answered on Aug 2, 2023
You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.
Mother in law and fiance were granted temporary kinship guardianship of Parent's three children in 2021. Guardians have received a significant financial gain as a result. Specifically the grandmother's social security disability benefits. As well as food stamps. The benefits are in mother... View More
answered on May 2, 2023
If you believe that the guardians have received a significant financial gain as a result of their temporary kinship guardianship and have not used these funds appropriately, there are several steps you can take.
Firstly, you may want to consider contacting a lawyer who can advise you on... View More
There are a few odd things that have happened including motions filed last sept. Why did judge recuse? She literally added a line and stated "for good reasons". Respondent had atty's but they have recently withdrawn due to difficulties between client and themselves. Now a hearing... View More
answered on Feb 28, 2023
Generally, a statis conference is just what it sounds like. The new judge likely wants to find out what is happening in the case and which of the prior filings still need to be resolved. The new judge might also want to actually schedule additional hearings. A status conference is usually... View More
He was xxx xxx xxxx, executed in 1954 at New Mexico State Penitentiary. (State vs. Johnson) 1953
answered on Feb 11, 2022
Your grandfather was born on December 27, 1895, in South Bend, Indiana and died February 19, 1954, in Santa Fe. Not really a legal question but we are happy to help.
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