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New Mexico Probate Questions & Answers
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

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 Probate for New Mexico on
Q: what form is used to request seeing what the will states with regards to the inheritance and who is to get what %?

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... View More

Anthony M. Avery
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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... View More

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 Probate for New Mexico on
Q: can a friend (non relative) make claim on property that does not have any heirs
Anthony M. Avery
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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... View More

2 Answers | Asked in Criminal Law and Probate for New Mexico on
Q: I am on Felony probation, is association with a Felon a charge or just a violation in the state of New Mexico

I've been dating this felon prior to becoming a felon myself

Stephen Aarons
Stephen Aarons
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.

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1 Answer | Asked in Probate for New Mexico on
Q: My 85y 2nd cousin died in Albuquerque. His will was old and his estate was left to A) his Mother B)my Mother

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.

Nina Whitehurst
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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.

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 Energy, Oil and Gas and Probate for New Mexico on
Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

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

James Tack Jr
James Tack Jr
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... View More

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