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New Mexico Probate Questions & Answers
0 Answers | Asked in Family Law, Child Custody, Child Support and Probate for New Mexico on
Q: received judgment on order to show cause an it states that i was served this order but i was never served. what do i do

i went to district court and got copies of motion. found that there has been 3 motion by the same person for property she says i have and belongs to her daughter. in each motion the items change and now she is giving a dollar amount for these items she says i have.

She knows i do not have... Read more »

0 Answers | Asked in Estate Planning and Probate for New Mexico on
Q: My father passed without a will, how much of a fight am I looking at?

My father recently passed without a will, he had begun working on a living trust but it was not complete. We had become estranged and I was unaware he was ill. He passed in late Oct early Nov and his mother waited 3 months to inform me of his death. I am his closest kin, only child. He lived in NM... Read more »

0 Answers | Asked in Estate Planning and Probate for New Mexico on
Q: My father passed without a will, how much of a fight am I looking at?

My father recently passed without a will, he had begun working on a living trust but it was not complete. We had become estranged and I was unaware he was ill. He passed in late Oct early Nov and his mother waited 3 months to inform me of his death. I am his closest kin, only child. He lived in NM... Read more »

0 Answers | Asked in Probate for New Mexico on
Q: How to have probate judge enforce his order regarding equal distribution of decedent's cremains?

One out of state heir has possession of decedent's cremains. Judge ordered equal distribution to the other heirs. What can I do to enforce the NM order in another state?

0 Answers | Asked in Real Estate Law and Probate for New Mexico on
Q: I had land transfered to me and i transfered land i didnt record mine and the one i transfered was and is deceased

It was me and my father we swapped propertys he recored his and i didnt i cant find my tranfer title company has closed now

0 Answers | Asked in Probate for New Mexico on
Q: Why would I be asked to renounce my right to be pr of my brother's estate

My sister was named PR of my mother estate then my deceased brother's lawsuit payment came in and was put into my mother's estate so why was I asked to renounce my rights does that mean my brother named me as trustee or something. I was living with my mother at the time of her passing and... Read more »

0 Answers | Asked in Family Law and Probate for New Mexico on
Q: In a probate, order was for one beneficiary to distribute decedent's cremains to other beneficiaries. How to enforce?

The court did not provide for funeral costs from remaining assets of estate(though it was part of the will) I objected to the adoption of special Master report for this reason. I want the order enforced. How?

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
PREMIUM
Anthony M. Avery
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 »

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
PREMIUM
Anthony M. Avery
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 »

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... Read 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
PREMIUM
Nina Whitehurst
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
PREMIUM
Nina Whitehurst
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 »

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
PREMIUM
Nina Whitehurst
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... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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 »

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
PREMIUM
Anthony M. Avery
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
PREMIUM
Anthony M. Avery
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 »

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
PREMIUM
Nina Whitehurst
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.

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