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... Read 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
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... Read more »
They have the death certificate but that was not enough. I am 82 and my main source of income is social security.
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.... Read more »
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... Read more »
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?
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... Read more »
Then Says my name does that mean that she inherits the estate then when she passes it goes to me
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.
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... Read more »
She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021
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.
I am the granddaughter to someone that told me (when they were alive) that I would receive 50% of the estate upon their death, and the decease's daughter has not openly or willingly informed of what to expect. in fact she didn't even inform me of the death. what can I do?
the... Read more »
answered on Aug 6, 2021
If no document was filed as a Will with Probate Court, then the purported will has no effect. You might consider filing to Administer the Estate, and possibly receive some compensation that way. Unless you can locate the Will or a copy, it is doubtful there will be a Probate of an Estate where... Read more »
If no will or papers.
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.
answered on Mar 24, 2021
Claim based on what? There are probably some heirs at law. You might want to figure out who they are, then establish heirship. Then have the heirs convey the property to you for a small consideration. But a tax sale is the best option, as the taxes have to be paid anyway. Hire a competent... Read more »
I've been dating this felon prior to becoming a felon myself
answered on Mar 23, 2021
Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.
Both preceded him in death. He had no siblings, never married and no kids. Would next of kin be myself and my 2 sisters?My Mom and my Cousin Jack (decedent) were 1st cousins (his mother was my Great Aunt.
answered on Jan 17, 2021
The answer does depend somewhat on the wording of the will. Bring a detailed family tree and a copy of the will that has been admitted to probate to a probate attorney for review.
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... Read 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... Read more »
There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests
answered on Sep 22, 2020
It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »
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.
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... Read more »
answered on Dec 22, 2019
You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.
Is this a civil matter?
answered on Dec 20, 2019
The will needs to be probated in court and this matter needs to be handled with a probate attorney as soon as possible.
Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice
answered on Sep 16, 2019
It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.
answered on Sep 14, 2019
It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.
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