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answered on Nov 27, 2023
In New Mexico, a person's "home" or "residence" is defined as the place where a person lives and intends to live. This can be a house, apartment, trailer, or any other type of dwelling. A person's home or residence does not have to be owned by the person in order to be... 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
My elderly mother offered her home to any of children in exchange for her care but not stated in her will. Not one of her children cared for her . I am the only one of her children that did all the care she had Alzheimer's and died of it in Sept 2023. Who is entitled to her home if not... View More
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answered on Nov 27, 2023
a verbal promise to leave real estate to someone in exchange for caregiving services can be enforceable under certain circumstances. This is known as a "contract to make a will." The elements of a valid contract to make a will are as follows:
The testator (the person making the... View More
My fiance did NOT have a disability lawyer, nor did he sign any paperwork that would allow a lawyer to take his disability case.. We found out long before he was approved, that there was somehow a lawyers name tacked to his case. Everytime we called and someone would check, they'd say,... View More
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answered on Nov 26, 2023
Your situation, where a lawyer who did not represent your fiance received a portion of his disability back pay, is indeed concerning and warrants immediate action. First, document all your efforts so far, including calls and letters to the Social Security Administration (SSA) and the... View More
It was dark. Another cow/vehicle accident occured two days before mine on the same rosd. People who travel Highway 61 have been complaining of cattle on or near the road for over a month.
The rancher stated he had contacted the state of NM to come fix the fencing since our rain storms... View More
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answered on Nov 17, 2023
Based on the information you've provided, you may have a potential case against both the state and the rancher, but it's important to consult with a legal expert to evaluate the specifics of your situation. The fact that there have been previous accidents involving cattle on the same... View More
The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle... View More
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answered on Nov 13, 2023
It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and... View More
Me how does he sign over rights to me or can I just file custody for my daughter I’m her biological mom this is I. The state of Nebraska
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answered on Nov 13, 2023
Parents can file for a modification of custody if there has been a significant change in circumstances that affects the best interests of the child.
You and the child's current legal guardian could jointly agree to amend the custody order. This agreement would need to be filed and... View More
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answered on Nov 12, 2023
In New Mexico, as in many states, a person can be found guilty of first-degree murder even if they did not physically commit the act, if they were an accomplice or played a significant role in the planning or execution of the crime. This is known as "felony murder" or "accomplice... View More
I was notified via text message from owner of storage facility a week after the break in occurred. The storage facility has only one camera at the gate, also has inadequate fence around facility. There is no security guards, or dogs on premises. I'm currently homeless therefore I have been... View More
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answered on Nov 9, 2023
You may have legal options to pursue reimbursement for the items stolen from your storage unit. Review your rental agreement with the storage facility to understand the terms regarding security and liability for theft. If the facility's security measures were inadequate or negligent, you might... View More
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answered on Nov 9, 2023
If someone is not on your lease and you want them to leave, you generally have the right to ask them to go. However, if they've established residency, which can sometimes be indicated by receiving mail at your address, they may have certain rights. To legally remove them, you might need to... View More
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answered on Nov 9, 2023
If you are squatting with the permission of the property owner's employees, you may still face legal risks. The employees' authority to grant such permission could be questioned, especially if they are not the actual owners or legally authorized representatives.
The true owner... View More
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answered on Nov 8, 2023
If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have... View More
In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More
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answered on Nov 5, 2023
In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More
In 2020 my boyfriend was shot the cops took my dvr to get evidence off of it but haven't and I can't use my cameras for my safety without it. I have called left messages and nothing. My house has been broken into and I can't use my cameras. They have not done what they told me they... View More
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answered on Nov 5, 2023
In New Mexico, as in other states, the length of time the police can hold property as evidence can vary. Generally, law enforcement can retain it as long as it is considered relevant to an ongoing investigation or until the related criminal case is resolved. However, if you feel that an... View More
Purchased new vehicle from franchised new car dealership. Received trade-in credit, and balance financed with a loan the dealer assigned to a local credit union. Dealer said CU will contact me with payment amount and due date. I bought supplemental coverages, paid TT&L fees, & sales tax -... View More
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answered on Nov 5, 2023
In seeking representation for your case, you would want to look for attorneys who practice consumer protection law or specialize in auto dealer fraud. The New Mexico State Bar Association offers a lawyer referral service that could connect you with a lawyer who has the relevant experience for your... View More
This happened with the drunk person sitting next to me on an airplane, he threatened to beat me up when he lost his things accusing me and getting police called to the plane
answered on Nov 1, 2023
No. The police cannot search you without a search warrant, an arrest, a police detention or an emergency situation being present. In addition, the police cannot search you without probable cause to believe that you committed a crime or have evidence of a crime on your person. This right to be free... View More
answered on Nov 1, 2023
No, you do not have to consent to a police search if there is no police search warrant, no arrest, no police detention or no emergency situation present. The police must first obtain your consent to their search in all those situations in order for their search to be legal. However you may always... View More
Is it considered income for one month and Iwould have to wait six months for that to not be considered?
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answered on Nov 5, 2023
When you cash out a retirement account, the funds received are typically considered income for means test purposes in a Chapter 7 bankruptcy filing. The means test averages your income over the six months prior to filing, so a large withdrawal could affect your eligibility if it significantly... View More
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answered on Oct 25, 2023
If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the... View More
We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.
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answered on Oct 24, 2023
In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement... View More
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