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My 83 yr old father has my 55 yr old brother who has lived in my fathers home for 14 yrs without having any job and my 40 yr old son has lived there consistently for aprox 21 yrs never paying for anything either. My father has been diagnosed with dementia but has a fluctuating cognitive impairment.... View More 
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answered on Dec 19, 2024
You can file your own report with adult protective services. But chances are that will not bring any relief. The only real solution is to hire an attorney to petition the court to appoint you as guardian and conservator for your father. If you have limited means you might try your local legal aid... View More
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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
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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
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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
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
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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... View More
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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
I am being charged with custodial interference, but at the time the charge was alleged, I was not aware of any court order regarding custody. The custodial guardian brought the child willfully to me that day without notifying me about any existing court order. There have been no prior conflicts,... View More
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answered on Apr 16, 2025
You should not be criminally liable for custodial interference if you genuinely had no knowledge of a court order and the custodial guardian voluntarily brought the child to you. For a charge like this to hold, the prosecution typically must prove that you acted knowingly and willfully against a... View More
I was unable to pursue child support payments from a non-custodial parent when my child was living in a different state because New Mexico did not have a provision to collect support across state lines at that time. There was no formal support order in place, and now my child is an adult. However,... View More
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answered on Apr 13, 2025
New Mexico, like many states, has adopted laws to address child support issues across state lines, especially through the Uniform Interstate Family Support Act (UIFSA). If there was no formal support order in place when your child was living in another state, it may still be possible to collect... View More
I am the biological mother with sole custody of my child, who has lived with me since birth. My child's father recently passed away, leaving a life insurance policy intended to benefit the minor. I need to petition the New Mexico courts for guardianship or conservatorship specifically to... View More
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answered on Apr 13, 2025
To petition the New Mexico courts for guardianship of your child's estate, you will need to file a petition for guardianship with the appropriate district court. Since the purpose is specifically to manage the life insurance benefits, the petition should clearly state that you are seeking... View More
I have been married for 12 years, and we have two children under the age of 10. My husband, who is currently driving for Uber, earns 50% more than I do. We are financially co-dependent and do not have any existing agreements regarding financial support. I am still in school working towards my... View More
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answered on Apr 13, 2025
In New Mexico, spousal support is not automatically required and is typically based on the circumstances of both parties. Since your husband earns more than you, and you are currently in school working towards a better earning potential, it’s unlikely that you would be required to provide spousal... View More
I am seeking legal advice on how to protect my 44-year-old son, who has a traumatic brain injury (TBI) from a car accident in his childhood and is now in the early stages of dementia. My mother and sister are coercing him and administering medication without legal rights such as custody or power of... View More
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answered on Apr 1, 2025
Your situation involves complex issues of adult guardianship and medical decision-making rights. In California, you should consider petitioning for conservatorship of your son, which would grant you legal authority over his personal care, medical decisions, and possibly financial matters. This... View More
My husband, a veteran with a 100% disability rating, filed for divorce in New Mexico. We have been married for 12 years, a California resident, and I didn't contest the divorce. During our marriage, he received additional benefits for me and my son, his stepchild, but withheld financial... View More
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answered on Mar 23, 2025
You're facing a complex situation with important implications for your financial future. The jurisdiction where your divorce is finalized can significantly impact your entitlements, as California is a community property state while New Mexico follows equitable distribution principles.... View More
Can the home valued at 56000 be transfer to heir with our probate?
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answered on Feb 1, 2025
Deceased heirs own it at death unless the Will is probated, which may be advisable. Hire a NM attorney to search the title, determine heirship, then record an affidavit and/or deeds to get it to the heir who wants it.
I have family in NM, I live in FL and my cousin is refusing to get a job to help my aunt. My aunt is elderly and very ill and a few years ago they were evicted from their apartment and have been homeless for around 4 years now. My other cousin, my aunts son, does work but seldom holds a job. I also... View More
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answered on Jan 6, 2025
I'm sorry you're going through this challenging situation. Even from Florida, there are steps you can take to support your aunt in New Mexico.
First, reach out to local Adult Protective Services again and provide detailed information about your aunt’s condition and living... View More
I feel she coached my sons grandmother on how to keep my son from he and that's why the grandmother open a dv case on me got a restraining order on behalf of my son I've never met and now is filing for guardian ship in Navajo court and now conveniently that worker no longer works there... View More
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answered on Jan 5, 2025
I'm really sorry you're going through this difficult situation. It's important to reach out to a family law attorney who understands both state and Navajo Nation laws. They can help you navigate the legal processes and protect your rights regarding your son.
Gather any... View More
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answered on Jan 5, 2025
I'm sorry you're going through this difficult situation. Start by documenting any instances of interference, including dates, times, and descriptions of what happened. This evidence will be important when you move forward.
Next, reach out to a family law attorney who can guide you... View More
They served my mother in law in a restraining order and included myself and my husband et al. I've never met the person filing before. It is my husband's father. In the document they are also saying they are filing a quiet title deed. I have to present in Wednesday. I live in Alaska and... View More
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answered on Nov 27, 2024
If you do not want to travel to Court then hire a NM attorney to represent you. Otherwise at least a default judgment will go down against you. Apparently you may have an interest in the real property, so get the lawyer to file an answer to the Quiet Title Action.
she has a b visa
answered on Oct 30, 2024
If you are a US Citizen, you can marry her and she can concurrently file an adjustment of status with your immigrant petition so she can stay in the US.
I was told I failed to communicate with them. I have messages from the caseworker stating the department failed to contact me and do home checks. For over a month, no communication. They failed to provide necessary steps in helping get housing, phone service. The state when attempted visits were... View More
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answered on Oct 19, 2024
I'm really sorry you're going through this difficult time. It's important to reach out to a family law attorney who can help you navigate the legal system and advocate on your behalf. They can assist in correcting any errors in the paperwork and ensure your side of the story is... View More
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