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New Mexico Probate Questions & Answers
0 Answers | Asked in Probate for New Mexico on
Q: Inherited a home with a heloc loan I’ve been living at home and paying heloc monthly. Probate is closed it’s been a year

Now there is a claim against the estate and home is in my name the claim is for the heloc and credit card debt from the same financial institution. What happens now I spoke with their atty and he couldn’t tell me

0 Answers | Asked in Criminal Law, Domestic Violence and Probate for New Mexico on
Q: If I stop reporting to probation and stay away till probation is over is that ansconding

I got a 30 day sanction for failed ua. and was wondering if I just leave the state for 3 years until probation is over and not check in , will that be a revocation or completion of probation.

0 Answers | Asked in Probate and Elder Law for New Mexico on
Q: How does an estate in probate prevent people who are living in the home of the deceased from taking items from the home?

My father had my brother and my son living with him neither of them have worked to support themselves for at least 14yrs having him fully support them. How does the probated estate handle the two of them regarding the payment of bills after his death, are they allowed to stay in the home payment... View More

1 Answer | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or file wrongful death. My father was not her 1st victim commishioner James Ridling was my fathers friend and business partner. Does anyone know what happened to him.

Ryan Sise
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answered on May 7, 2024

Good afternoon, I am sorry to hear about your father's passing. It seems as if the executor may not be following their assigned duties as the trust's executor. All is not lost, there are ways to encourage an executor of a trust to follow their required responsibilities, and/or you can ask... View More

0 Answers | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: Can I file for special administrater of my fathers estate. I would like to get his medical records and bank statements

No probate or inventory done by executer in New Mexico. He has been stealing from the trust and I believe foul play can be shown thats why I cant get it

0 Answers | Asked in Criminal Law, Elder Law and Probate for New Mexico on
Q: In clovis New Mexico seems the executer stealing trust & OD my father &nobody else can get medical record or bank info

Laws in NM make it easy for executer to get away with murder and embezzlement nobody else can get the records or fike wrongful death. My father was not her 1st victim

0 Answers | Asked in Probate for New Mexico on
Q: Ii need attorney NM that can help with a dishonest executer co trutee of my fathers estate. His mom put him executer

His mother created the trust and then died 2 days later. That was 23 years ago. I met him 3x he had a family befire my dad married his mom.& Out of state. Hes been stealing from trust. No probate or inventory done wont give accounting

0 Answers | Asked in Probate for New Mexico on
Q: How to remove the executer who made himself co trustee. I know my father would have been harassed and pressured to chang

Change the trust his wife created. Because he loathes documents/applications. He is dyslexic snd van not correctly understand the wording. He does not write except simply repetitive like Happy Birthday. He even misspelled his middle name for funeral parlor almost went on death cert

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 Family Law, Real Estate Law, Civil Rights and Probate for New Mexico on
Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

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

James L. Arrasmith
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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...
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1 Answer | Asked in Insurance Defense and Probate for New Mexico on
Q: If my parents died n they both had life insurance policies but the probate is already done with but we never got any in

Information on who were the beneficiarys on anything

Tim Akpinar
Tim Akpinar
answered on Jan 2, 2024

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the loss of your parents. Until you are able to consult with a local attorney, you could contact the insurance company and ask about the policies. Good luck

1 Answer | Asked in Real Estate Law and Probate for New Mexico on
Q: my fathers aunt had left him her house via a transfer on death deed , both have passed what can I do. Im the heir

I don't think it was recorded,

Anthony M. Avery
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answered on Oct 23, 2023

If the Deed was not recorded, it has no effect here. You might want to get the Deed placed of record, then establish that you are your Father's Heir (Probate, Affidavit of Heirship) etc. If you have the Deed, hire a NM attorney. You may have to then get possession after you establish title.

1 Answer | Asked in Probate for New Mexico on
Q: My son passed away he was only 19 do I need to do probate seeing his dad in another state wants to come take all he had.

Not married no children lived with me for 9 years alone after divorce.

Anthony M. Avery
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answered on Jun 21, 2023

More than likely, both you and the father are the heirs and next of kin. So he has an interest in the property the same as you. If there are no assets, then there is probably no need for Probate. If the Son owned land or cash, etc., then Probate may be needed, and you can charge fees as the... View More

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 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 Probate for New Mexico on
Q: wife died with $1700 in her account, bank needs small estate affidavit + death cert., how do I get that affidavit?

They have the death certificate but that was not enough. I am 82 and my main source of income is social security.

Anthony M. Avery
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answered on Oct 3, 2022

Call the Court in your County that handles Probate and ask them. It should not be difficult. But if Probate costs too much, you might try an Affidavit of Heirship. Possibly legal aid might assist. It can be recorded and might then suffice for the Bank to release funds to the Next of Kin.... View More

1 Answer | Asked in Probate for New Mexico on
Q: My father passed away without a will and my stepmom said it's all hers is she correct or am I supposed to get something?
Anthony M. Avery
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answered on Sep 22, 2022

Hire a competent NM attorney to search the Title. At least look at the Deed and see who the grantees are. StepMother probably either owns it outright under the current Deed as the survivor, or she and the other Heirs At Law (which includes you) are now Tenants In Common. If the latter, you... View More

1 Answer | Asked in Personal Injury and Probate for New Mexico on
Q: New Mexico: Husband was on commission paid 60 days after earned. Is that estate or community property?

Individual debt $15,000.

Total amount in estate now is only $14,000. How to handle. More than happy to set up appt to discuss.

Also death caused by medication error—personal injury possible?

Tim Akpinar
Tim Akpinar
answered on Sep 9, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm very sorry for your loss. There are a couple of different areas of law here, and I can only speak for the medication-related issue. Most firms that handle such cases offer free initial consults. In terms... View More

1 Answer | Asked in Probate for New Mexico on
Q: IF My sibling and myself, are both listed as beneficiarys and the will says my siblings name and uses the word (and)and

Then Says my name does that mean that she inherits the estate then when she passes it goes to me

Nina Whitehurst
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answered on Jun 11, 2022

Your question cannot be answered without reviewing the actual language of the will, but most likely you and your sister will inherit equal shares.

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

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