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New Mexico Questions & Answers
1 Answer | Asked in Estate Planning for New Mexico on
Q: If my mom set up a living trust in arizona and moved to New Mexico, is that trust still valid in New Mexico?
Nina Whitehurst
Nina Whitehurst answered on Jun 10, 2021

States do honor trusts that were validly created in other states, as a general rule. However, it is always a good idea to have your estate plan reviewed when you move from one state to another. An estate plan that was suitable and appropriate in one state might not be in another state due to... Read more »

2 Answers | Asked in Trademark for New Mexico on
Q: Do I have to change my business name?

I was sent an email by Marketing Solutions LLC in New Mexico that my business KN Marketing Solutions is in violation of Trademark law of "Marketing Solutions" name, which is registered trademark in the state of New Mexico to Marketing Solutions LLC. However, my business is registered in... Read more »

Marcos Garciaacosta
Marcos Garciaacosta answered on Jun 8, 2021

The test here is likelihood of confusion.

Whether somebody would get confused.

You need to consult with an attorney.

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1 Answer | Asked in Car Accidents for New Mexico on
Q: Am I supposed to get a written warning before someone puts a boot on my car?

I stayed at a friend's apartment, got there 9:30 pm and left 6:30 am. When i got to my car, there was a boot on the car. The paper said they put it on at 2:40 in the morning. Can they do that?

Peter N. Munsing
Peter N. Munsing answered on Jun 1, 2021

Not clear who the they are. If it was on private property, possible they could. If it's on public property, only the police should do it and thats for unpaid tickets. But in most states no warning is necessary. Speak with an attorney in your area who handles traffic issues once you know the... Read more »

2 Answers | Asked in Personal Injury for New Mexico on
Q: If a ceiling fan installer falls off his ladder am I liable for his injuries?

I have 12 foot ceilings and am worried for the safety of the contractor.

Tim Akpinar
Tim Akpinar answered on May 23, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. In such settings, the person is generally covered under workers' comp insurance. If there were factors that contributed to a fall in terms of unsafe conditions within the control of the homeowner (such as a... Read more »

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1 Answer | Asked in Immigration Law and Tax Law for New Mexico on
Q: Non-citizen couple have SSNs by temporary work in US. Can they continue filing taxes from abroad without any US income?

A non-citizen (no green cards either) couple have 4 children born in US and parents have SSNs because both spouses had temporary work authorizations during their stay in the US. How can the couple claim their child tax credit when they are not in the US any more? A US based income or permanent... Read more »

Agnes Jury
Agnes Jury answered on May 4, 2021

This is more of a question for a Certified Public Accountant than an Immigration attorney. Best wishes!

1 Answer | Asked in Real Estate Law for New Mexico on
Q: No will. Have oldest brother who moved in to parents house and dont let no one else live their.

Not all my other brothers and sisters have given him their part of the house.

Meanwhile the house is falling into serious and bad disrepair. Litteraly falling down.

He has become a hoarder to the point that the city cited him and ordered him to clean the house and property up.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Apr 21, 2021

Hire a competent attorney for prosecute an Action for a Sale for Partition.

1 Answer | Asked in Personal Injury for New Mexico on
Q: What is the statute of limitations for a premise liability claim? I was assaulted by two individuals in a parking lot

The incident happened 3 years ago and I had been in therapy to work through the trauma of the attack from my physical injuries and the emotional harm that had put my career on hold.

Deena L. Buchanan
Deena L. Buchanan answered on Apr 14, 2021

The statute of limitations for injury claims is three years in NM. If you were a minor, you have up to an extra year after you turn 18. If the claim is against the government, it is a shorter deadline.

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Criminal Law for New Mexico on
Q: If one has not had any felonies in over 15 years can one possess a fire arm

All charges was non violent including domestic violence

Stephen Aarons
Stephen Aarons answered on Mar 26, 2021

Good and bad news. The bad: federal law makes it illegal for your lifetime to possess a firearm or ammunition with penalties ranging from 5-10 years in prison. Lifetime ban.

Good news: New Mexico enacted an expungement statute last year and you should be eligible if you have had no criminal...
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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
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 »

1 Answer | Asked in Copyright, Entertainment / Sports and Trademark for New Mexico on
Q: I'm a musician and want to name my album "Sith" but Lucasfilm has the word trademarked, can I still name it that?
Jason Brooks
Jason Brooks answered on Mar 24, 2021

Trademarks can be registered in a number of different "classes" based on their use. You should probably hire an attorney to help you examine which classes LucasFilm has its mark registered in to see if it would conflict with your channel of commerce in music. Ultimately, if there is no... 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 Personal Injury, Car Accidents and Legal Malpractice for New Mexico on
Q: Had accident in Tx 08/19. Live in NM hired lawyer in NM it’s been over a year now attorney said I don’t practice in Tx.

NM Attorney said take final offer or find TX attorney cause he’s not licensed in TX. Just found this out after one 1/2 year of waiting for a result. No communication from the attorney. I have done all work on providing him with medical documentation. He’s done nothing. No communication and no... Read more »

Tim Akpinar
Tim Akpinar answered on Mar 21, 2021

A Texas attorney/New Mexico attorney could advise best here, but your post remains open for two weeks. Regardless of whatever it was that caused the lapse in communication here, you should move without further delay to sort this out. Is your attorney under the impression you moved on and retained a... Read more »

3 Answers | Asked in Military Law and Immigration Law for New Mexico on
Q: When a veteran is disabled and need help from some body who live in other country. What steps He has to do? Maritza .

My husband and I are disabled and live along in the house, He uses a walker and me a wheelchair, have been very difficult because we don't have family close and some times one of us falls at dawn in the night and we have to tried to help our self take long time but we do.

Patricia C. Wall-Santiago
Patricia C. Wall-Santiago answered on Mar 10, 2021

This is not my practice area, neither I am in New Mexico. But you should reach out to the New Mexico Aging and Long Term Services Department. https://www.nmaging.state.nm.us/our-services.aspx

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1 Answer | Asked in Criminal Law for New Mexico on
Q: I’m David’s youngest son. I desperately want him home as I’m without anyone at all none nobody. What are his odds ?

Consecutive life’s I feel like they will not let him but I’m willing to write parole when he is up to be tabled again

Stephen Aarons
Stephen Aarons answered on Mar 8, 2021

Sadly, his odds are close to zero. Family are the people who suffer the most when someone is convicted and sent to jail. Right or wrong, the court system does not release inmates, certainly not those servicing consecutive life sentences, because their families have serious needs. You need to adjust... Read more »

2 Answers | Asked in Criminal Law for New Mexico on
Q: My boyfriend was just arrested in new mexico on a Minnesota probation violation warrant. Can he serve the time in N.M?

We're waiting to see if be picked up extra charges in new mexico during the arrest. I would like to know either with or without new charges if he can serve the time in new mexico instead of being extradited. And/ or if he can do his probation in new mexico

Stephen Aarons
Stephen Aarons answered on Mar 7, 2021

No. He will be extradited back to Minnesota and serve his time there.

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1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there time limit where stolen 5th wheel trailer would no longer be considered a stolen property?

Friend obtained a 5th wheel through purchase 5,000$ some time after transaction became aware it was stolen is there a certain time limit where it would no longer be considered stolen property or be considered a criminal act to have possession of such?

Stephen Aarons
Stephen Aarons answered on Mar 2, 2021

It wasnt receiving stolen property when you bought it, but it became a crime sometime thereafter whenever you became aware. There may be a statute of limitations several years down the road. If you know the rightful owner, why not see if you can get some of your money back and return it.

1 Answer | Asked in Criminal Law and Juvenile Law for New Mexico on
Q: New mexico, 16 y boy, 26 y old girl, consensual relationship. His parents approve. Is she breaking the law?

Girlfriend is 9 years and 11 months older than boy. Can someone besides parents bring charges against her?

Stephen Aarons
Stephen Aarons answered on Feb 13, 2021

16 is the age of consent so she should be OK as to criminal sexual penetration. She could get charged with contributing to the delinquency of a minor if she gets him alcohol or drugs however.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: Can I sue a doctor for misfeasance if the incident occurred several years ago? If so, what might the outcome look like?

I recently discovered that I have a medical condition, which had it been caught sooner would’ve resulted in a better prognosis.

Several years ago I presented to the E.R. with the same complaints that, ultimately, led my current physician to their diagnosis.

The doctor at the E.R.... Read more »

Tim Akpinar
Tim Akpinar answered on Feb 7, 2021

A New Mexico attorney could advise best, but your question remains open for two weeks. As a general matter for med mal cases nationwide, the legal standard applied is not "misfeasance," but "breach of a duty." It would be difficult for anyone to answer your question about an... Read more »

1 Answer | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: My brother is a felon and they had a search and seizure warrant. The warrant states to search a trailer at the address

No where on the warrant does it state the items to be searched for. They found bullets in the trailer and proceed outside to his truck and found a gun in it. The gun belonged to my other sister. They did not take him to jail and months later they sent him paperwork to reclaim the gun. Is this... Read more »

Stephen Aarons
Stephen Aarons answered on Feb 5, 2021

First, whether the search warrant was overly broad. Possibly. His federal public defender can best assess the application and warrant. Whether looking in the truck was even authorized by the warrant. Possible suppression issue, yes.

Second, whether a delay of less than one year between...
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