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New Mexico Questions & Answers
1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My children have never been notified by the oil producers about their interests. All their cousins. aunts, etc.

had been notified years ago. My ex husband was the last in line in his generation, he he was notified in 1998, he passed away in 2006. His 2nd wife told the courts he did not have a will and I think she failed to mention to the court his children from our marriage. What can be done? He died in... Read more »

James Tack Jr
James Tack Jr answered on Sep 22, 2020

This appears to be the same question, which was originally asked concerning Texas Law. If the property is located in New Mexico then New Mexico probate laws apply, even if the decedent lived in Texas. It is not clear where the probate case was. You should get a copy of the probate proceedings from... Read more »

1 Answer | Asked in Energy, Oil and Gas and Probate for New Mexico on
Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests

James Tack Jr
James Tack Jr answered on Sep 22, 2020

It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »

1 Answer | Asked in Insurance Bad Faith and Insurance Defense for New Mexico on
Q: The insurance adjuster is saying carfax says there is a discrepancy 0f milage on my vehicle 50,000 miles diff. Not true

I have photos document emissions receipt ect. Saying 125,000 odometer. Can they cheat me

Tim Akpinar
Tim Akpinar answered on Aug 27, 2020

A New Mexico attorney could advise best, but your question remains open for three weeks. As a general matter, based on these brief facts, I don't think the adjuster is trying to cheat you. What I think is happening is that your vehicle has been declared a total loss. So rather than simply... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: How do I write a summary judgment based on the fact that negligence was never assigned to any party ?
Tim Akpinar
Tim Akpinar answered on Aug 23, 2020

A New Mexico attorney could advise best, but your question remains open for a week. If you go online, you may be able to find various motions posted online in PDF format, including summary judgment motions. However, you describe a setting where negligence was never assigned to a party. That could... Read more »

1 Answer | Asked in Car Accidents and Personal Injury for New Mexico on
Q: Can I sue for someone hitting my car with there car ?

My cat went outside I live in a neighborhood. a car was driving over the speed limit hitting them an is injured can I sue for careless driving ?

Tim Akpinar
Tim Akpinar answered on Aug 17, 2020

A New Mexico attorney could advise best, but your question remains open for a week. As a general matter in most jurisdictions, you could. You would need to show that the other side was negligent. It could depend on how persuasive your evidence is. Good luck

Tim Akpinar

2 Answers | Asked in Criminal Law and Federal Crimes for New Mexico on
Q: 15 Year old case

I was arrested 15 years ago. Las Vegas, Felon in Possession of a Firearm. I was bonded out. I absconded before my arraignment. Ive been pulled over in the state where I live and told I have an outstanding warrant in NV but they declined extradition. My mothers dying and I want to go home. When I... Read more »

Stephen Aarons
Stephen Aarons answered on Aug 16, 2020

The statute of limitation has not changed but, unfortunately, when you fled the jurisdiction you tolled the statute. Depending on how many prior felonies your attorney may be able to avoid imprisonment when you decide to face the charges. Or you can wait to be stopped on a traffic violation and get... Read more »

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1 Answer | Asked in Car Accidents for New Mexico on
Q: I was behind s vehicle in uturn or left turn lane vehicle in front not paying g attention letting ti.e pass al.ost a mid

I was behind a vehicle in turn or left turn lane vehicle in front was not paying attention letting time pass almost a minute before I pulled around in front to make my u turn clearing vehicle in front when she then only looked up and hit her gas and t boned my car am I at fault?(

Tim Akpinar
Tim Akpinar answered on Aug 9, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. It's not fully clear what happened, but based on your description, it's possible both of you could be liable. If your lane was such that you were not supposed to go around her, and if she was in a lane... Read more »

1 Answer | Asked in Real Estate Law for New Mexico on
Q: The neighbor behind me has placed a portable building and other belongings on part ofmy property. They refuse to move it

And have locked their gate so I have no access to my survey marker. What do I do? I need to put fencing and force them to move their things

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You will probably have to file an Action for a Boundary Dispute and Trespass. Do not wait long or the gate will become the new boundary.

2 Answers | Asked in Immigration Law for New Mexico on
Q: I'm sponsoring my dad's green card application. He previously gave up his GC and doesn't have an I-407 copy--what to do?

My dad married my US-citizen mom and lived in the US for some time on a marriage-based green card. They then moved abroad, and one day in the 1970s he was made to give it up at the port of entry when visiting the US (because he no longer lived in the US). He has no copy of an I-407, which seems... Read more »

Kyndra Mulder
Kyndra Mulder answered on Aug 3, 2020

The I-407 is to be submitted when a person VOLUNTARILY gives up his status. Based on your post he did not do so voluntarily. You do not need the form. Use his A# from his previous green card.

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1 Answer | Asked in Immigration Law for New Mexico on
Q: My mom and I are US citizens. I live in the US, she lives in Mexico. Who should sponsor my dad's green card application?

My mother (US-born) and father (Mexican national) met in the US in university but moved to Mexico in the 70s. For some time he had a green card through this marriage, but they found jobs in Mexico and stayed there. The GC was given up at a port of entry at some point in the 70s as well (they have... Read more »

Adan Vega
Adan Vega answered on Jul 24, 2020

Either you or your mother can file the FORM I-130 on behalf of your father. However, your father may have an easier path to the immigrant visa if you file the relative petition. As the petitioner of the relative petition you will need to file the FORM I-864 with your latest federal tax return once... Read more »

2 Answers | Asked in Bankruptcy for New Mexico on
Q: How can I find a copy of my brankruptcy filing dated Aug 10, 2010?

James D and Sharon G DeBraal

Timothy Denison
Timothy Denison answered on Jul 20, 2020

Pacer.gov

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1 Answer | Asked in Animal / Dog Law for New Mexico on
Q: Can i be sued for turning someone in abandoning a dog?

I turned my friends dad in for dropping off a dog at a river , and leaving it next to the river by a highway and animal control left them a note They didn’t anwser the door to animal or the note control so a cop showed up at there door , is it possible for them to sue they got a lawyer but all i... Read more »

Kristina M. Bergsten
Kristina M. Bergsten answered on Jul 17, 2020

They can try, but they will lose. So it is unlikely you will be sued for this. I would be shocked if an attorney took a case like this. You’re more than likely safe from a lawsuit.

1 Answer | Asked in Medical Malpractice for New Mexico on
Q: here is our story can you help us? I believe we have a medical malpractice case.

We took our 14 year old daughter on June 26, 2020 to our local emergency Room Gerald Champion because she had swallowed a plastic water bottle lid our local emergency Room basically took x-rays told her she'd pass it if she hadn't already told her to take more fiber and more water and... Read more »

Tim Akpinar
Tim Akpinar answered on Jul 13, 2020

A New Mexico attorney could advise best, but your question remains open for two weeks. I'm sorry for the ordeal your daughter and your family went through. Despite what all of you went through due to the emergency room's original diagnosis, it could be difficult to bring a case based on... Read more »

2 Answers | Asked in Intellectual Property for New Mexico on
Q: How do I assign my patent in aerospace to Airbus. This patent has the potential of revolutionizing air travel.
William Scott Goldman
William Scott Goldman answered on Jul 10, 2020

Well, if Airbus has expressed interest and you've already negotiated a purchase agreement, then one of the patent lawyers on this site should be able to assist with drafting the assignment.

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1 Answer | Asked in Personal Injury for New Mexico on
Q: Will a pool owner be liable if I teach swim lessons from their pool. I have insurance and a waiver for parents to sign

My parents own a pool and I would like to teach other children private swim lessons in it. I will carry swim instructor insurance through thimble up to 1,000,000 in coverage and have a legal waiver created by a lawyer that each parent of the child will have to sign. I want to make sure my parents... Read more »

Tyler Young
Tyler Young answered on Jul 6, 2020

First, thank you for asking a responsible question. Many people don't ask these questions until after an event which might expose you and others to liability.

The answer to your question varies greatly depending on how an injury occurs. What if your student falls on the side of the...
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1 Answer | Asked in Real Estate Law for New Mexico on
Q: We have a signed contract of sale and we have deposited $80,000 into escrow. We were scheduled to close yesterday but

the seller kept delaying with all kinds of excuses. On Sunday, 6/28 she asked to delay closing for a couple of weeks. We agreed and I immediately emailed Pioneer Title in Alamogordo informing them that she wanted to delay closing. On monday, 6/29 the seller texted that she was canceling the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

Read your sale contract first. If you want the property and it does not appear the seller can disregard the sale, then hire a competent attorney to sue for specific performance. File suit while the earnest money is still in escrow, with the escrowee an included party (plaintiff or defendant).

1 Answer | Asked in Immigration Law for New Mexico on
Q: Need help with Marriage based visa

Hi, I’m a US citizen and fiancé is not.He lived in the US for 2 years and had filed for asylum and before he got the interview the leader in his country was removed from power and situation had normalized so he went back a few months later.He did not do was notifying the USCIS that he was... Read more »

Stephen Arnold Black
Stephen Arnold Black answered on Jun 15, 2020

The general rule is that a bona fide asylum applicant does not accrue unlawful presence while his application is pending. There’s exceptions to this rule so more info is needed. Discuss with counsel anywhere in the USA.

1 Answer | Asked in Uncategorized for New Mexico on
Q: I lent my friend my vehicle last week and she refuses to return it

The vehicle is in my name

William Jaksa
William Jaksa answered on Jun 8, 2020

Call the police and report this. It's best that they hear it from you sooner rather than later. You are liable for road tolls, auto accidents, traffic and parking tickets.

1 Answer | Asked in Car Accidents and Criminal Law for New Mexico on
Q: Keying someone's car is coincided vandalism, what charges I'm I facing up against..
Peter N. Munsing
Peter N. Munsing answered on Jun 5, 2020

If you were charged you would know. Generally, vandalism, malicious destruction of property would be two of them. There may be others.

1 Answer | Asked in Personal Injury for New Mexico on
Q: If I’m considered guilty for a petty misdemeanor such as battery what are my options

Got released from jail waiting for court date wondering what to expect

Tim Akpinar
Tim Akpinar answered on Jun 4, 2020

This is something a criminal defense lawyer in New Mexico should advise on. Your question remains open for two weeks. You could reach out to lawyers or look into whether you qualify for a public defender.

Tim Akpinar

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