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New Mexico Questions & Answers
1 Answer | Asked in Personal Injury and Civil Rights for New Mexico on
Q: Is it illegal to trap someone in a virtual environment and not let them out?
Tim Akpinar
Tim Akpinar
answered on Sep 25, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. If the virtual environment is in the setting of a video game or something similar that the players are engaged in voluntarily, that would probably not be illegal. If the virtual environment is in the form of... 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
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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 Criminal Law and Personal Injury for New Mexico on
Q: I need a lawyer and I am broke

Who wants to help me Sue the mental hospital that allowed one of their employees to beat me pro bono

James L. Arrasmith
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James L. Arrasmith PRO label
answered on Sep 10, 2022

I cannot help you as I am only licensed in California, but a lot of attorneys take cases on a contingency fee basis, which means that you only pay legal fees when you win.

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 Appeals / Appellate Law and Criminal Law for New Mexico on
Q: Can a 2nd degree murder conviction risk becoming a 1st degree conviction upon appeal?
Charles William Michaels
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Charles William Michaels
answered on Aug 10, 2022

Ordinarily, no. The conviction is the conviction. Perhaps, if the result on appeal is a vacating of the conviction, then maybe you are at square one--but the double jeopardy clause can perhaps be applied in that scenario.

1 Answer | Asked in Employment Law and Business Law for New Mexico on
Q: Can a non profit (501 (c)) offer in a contract to pay a percentage of the profits, thanks
Matthew Morris
Matthew Morris
answered on Aug 9, 2022

It depends. Because you tagged this question with both "business" and "employment," I'm assuming that the profit-sharing contract you are asking about is a contract with an employee of the nonprofit organization. If so, you are dealing with a question involving a topic that... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: Does a trustee need unanimous consent from beneficiaries to list trust property for sale?
Nina Whitehurst
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Nina Whitehurst
answered on Jul 20, 2022

Your question cannot be answered without reviewing the trust instrument, but typically the answer would be no, the trustee does not require beneficiary consent to sell property.

1 Answer | Asked in Bankruptcy for New Mexico on
Q: Can I fire my attorney and can I switch to chapter 7 as well and still keep my car making payments on time

I'm currently for the next year now on unemployment and they know about that when I started the process

Timothy Denison
Timothy Denison
answered on Jul 14, 2022

Yes. You can.

2 Answers | Asked in Bankruptcy and Tax Law for New Mexico on
Q: should i take care of irs debt before filing for bankruptcy?

I want to file for bankruptcy. I think i was a victim of a scam. I have not filed my taxes for 2020 and 2021 and know that I owe $140K for 2020 and will owe for 2021 and 2022. I wont be able to pay those in my lifetime. I took out loans and a lot of my retirement funds in 2020 and 2021 with a scam.... Read more »

David Luther Woodward
David Luther Woodward
answered on Jul 11, 2022

You should go see a good bankruptcy lawyer because you sound like a candidate for relief. On a board like this individualized advice is impossible.

When you go to the lawyer be prepared to complete a questionnaire that will list all your assets and all debts. Your best tax relief can come...
Read more »

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1 Answer | Asked in Uncategorized for New Mexico on
Q: Hello I want to ask how can I prepare and what I should now to become a lawyer. Going into 11th grade want to be prepare

To be specific I want to know

What should I do after I graduate

What courses to take in college

What are the steps to take after college

William Jaksa
William Jaksa
answered on Jun 30, 2022

Find something that you are interested in college and do well. Good law schools need good marks, most of the time the undergraduate degree area of study is not as important. If you are interested in a particular subject area (sports, medicine, technology, politics) I am almost certain there is an... Read more »

1 Answer | Asked in Bankruptcy for New Mexico on
Q: I spent 17 years in prison and got no help from the government when I was released June 7, 2022 I am pretty much homeles

No transportation no state I.D. no job assistance, no food,clothes no help whatsoever. Florida State Prison just abandoned meas well Pride Enterprises.

Timothy Denison
Timothy Denison
answered on Jun 26, 2022

What is your question?

1 Answer | Asked in Immigration Law for New Mexico on
Q: Hello, I am a Daca recipient and have read that I might be able to apply for a permanent green card if I came here legal
Monica E Rottermann
Monica E Rottermann
answered on Jun 20, 2022

Possibly, it would depend on whether you have a family member that can petition for you, for example a United States citizen spouse or U.S. citizen child over the age of 21. Or if you are under the age of 21, a U.S. citizen parent. You should discuss your case with an immigration attorney to find... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: I was told by my auto insurance agent that uninsured motorist coverage in NM is portable, is that true?

I have multiple cars and he told me that I only need to have it on one of my two cars and it would cover both cars in the event of a claim. I still had to sign a form saying I was declining it for one of the cars. Was his statement true?

Mark Caruso
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Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso and I am with Caruso Law Offices.

Yes, uninsured and underinsured motorist coverage is portable. For instance, if you own a Ford and a Chevy it would work like this. You could buy uninsured motorist coverage on the Ford and not on the Chevy. If you are in an...
Read more »

1 Answer | Asked in Car Accidents and Wrongful Death for New Mexico on
Q: My son was in a rollover accident he was the passenger and both people in vehicle where ejected and died

It was a single car accident can I sue for wrongful death I'm his mom he was 29

Mark Caruso
PREMIUM
Mark Caruso
answered on Jun 20, 2022

My name is Mark Caruso with Caruso Law Offices, and I would like to answer your questions.

Yes you can bring a claim on behalf of your son. Because your son was a passenger and not at fault for the crash, you can sue on behalf of his estate. First, you would need to get appointed as the...
Read more »

1 Answer | Asked in Health Care Law for New Mexico on
Q: UnitedHealth will not pay my wife's hospital bill. They said hospital is out of network and will not pay claim

Took wife to lovelace ER was told she needed to be admitted.she was in hospital for 4 days. UnitedHealth says hospital is out of network will not pay claim

Tim Akpinar
Tim Akpinar
answered on Jun 19, 2022

A New Mexico attorney could advise best, but your question remains open for two weeks. You probably already attempted resolution or negotiation with them. When it comes to ER or ambulance services, some carriers will show more leniency. But if you are at an impasse, which could be the case from... 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 Contracts, Real Estate Law and Banking for New Mexico on
Q: If I have a judgement against me, how would the plaintiff find out where I bank to seize my money?

I do not wish to satisfy this judgement because the plaintiff was in the wrong, but she could hire an attorney, whereas I literally have no money. I am expecting a check from rental assistance that I want to protect from this judgement but I'm afraid that if I open an account at a different... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 30, 2022

Judgment Creditor can ask you under oath where your property is. Become familiar with NM Exemption rights. Remember this is a public forum.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico on
Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2022

I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can I still sue my gyno for over prescribing opioids after a botched hysterectomy in 2008 causing current addiction

My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... Read more »

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