New Mexico Questions & Answers by Practice Area

New Mexico Questions & Answers

Q: If my father died with out a will, and both siblings want to sell his house and I do not. Can they still sell the house?

1 Answer | Asked in Probate for New Mexico on
Answered on Mar 27, 2017

Assuming there is no surviving spouse, each of you as siblings have 'equal' priority to begin probate. The situation you are in actually is common, and lends itself to a 'simple' solution. Assuming two want to sell, and the third doesn't, the third can 'buy out' the other two siblings' interest. This is done all the time, and often the siblings 'swap' other assets rather than there being a required cash payment.

I'd urge you to consult with a local probate attorney to determine what...
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Q: My ex is from mexico no social or state id and is trying to take my girls from me can she do that w/o being a us citizen

1 Answer | Asked in Immigration Law and Child Custody for New Mexico on
Answered on Mar 26, 2017

Immigration status has no bearing on parental rights. She can however be ordered not to take the children out of the state and specially the country. I suggest you contact a family law attorney.
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Q: I'm looking into starting an app for sports betting. What is the current legality and what are some loopholes?

1 Answer | Asked in Criminal Law, Federal Crimes, Gaming and White Collar Crime for New Mexico on
Answered on Mar 25, 2017

There is no short or quick answer on this one. There are a number of gambling laws out there with both the state and federal government. It would not be advisable to go forward until you sit down with an attorney who understands gaming and what the federal/state government would frown upon.
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Q: if my friend is in a Navajo Nation jail for missing a court date for housing eviction, why is his bail $1100.00?

1 Answer | Asked in Landlord - Tenant and Native American Law for New Mexico on
Answered on Mar 24, 2017

Without more details and this may be speculative, the bail may be based on a dollar amount that the landlord is trying to recover from past rent.

They may have been served with notice by mail, but was handed a copy later. Again, I don't have exactly enough information.
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Q: My mom is on life support in new Mexico and i live in Arizona Is there a way to establish p.o.a. from over state lines?

1 Answer | Asked in Family Law and Probate for New Mexico on
Answered on Feb 25, 2017

If your mom is occasionally lucid and mentally competent, should could possibly grant power of attorney. If she's not, such will not be possible. POAs typically require two witnesses and a notary. And even a Durable POA terminates upon her death. So, what is it you need the POA for? If it is to make Medical decisions for her, you may not need one if the health care providers don't insist and no other family members create a dispute or conflict. For end of life decisions, the healthcare...
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Q: My ex is tryin to take my kids. He ain't on birth certificates what could happen if he does try to take them

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Answered on Feb 25, 2017

The court could issue a wide range of orders that determine custody. You should consult with a family lawyer in your area. Here is a list:
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Q: My dad died in September 2016. A family member stole his original will while he was dying. Now all we have is his copy.

1 Answer | Asked in Estate Planning and Probate for New Mexico on
Answered on Feb 14, 2017

There may be a family allowance available for Dad's immediate family under the right circumstances. Typically that takes priority over general creditors. You need to contact a probate attorney in your Dad's area about your specific situation. Many offer free initial consultations. Good luck.
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Q: What is a standard Pain and Suffering settlement for a shoulder injury following auto accident

2 Answers | Asked in Car Accidents and Personal Injury for New Mexico on
Answered on Feb 10, 2017

There are many factors that go into what a fair settlement will be--and, every case varies. It seems you have had extensive medical treatment, but you have unresolved issues as well. There are many issues you need to weigh before coming to a settlement with an insurance company. You also have to keep in mind the limitations of coverage on the negligent party's insurance. Unfortunately, there is just not a clear answer to give.
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Q: I put in appeal and was wondering if it goes with the judge that sentenced you or does it go to the appeals court

1 Answer | Asked in Appeals / Appellate Law and Criminal Law for New Mexico on
Answered on Feb 10, 2017

If the sentencing judge was on a New Mexico district court, your appeal can only be taken to the N.M. Court of Appeals. Their "self-help" guide is at, but I would strongly recommend hiring an appellate lawyer in New Mexico to represent you.
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Q: Can relatives serve together on a state board?

1 Answer | Asked in Gov & Administrative Law for New Mexico on
Answered on Feb 9, 2017

You'd have to look at the particular board's enacting statute and regulations. Some have a non-nepotism rule that might apply.
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Q: I have switched school districts and am refusing to abide by child custody agreement

1 Answer | Asked in Child Custody for New Mexico on
Answered on Feb 8, 2017

You need to go for a modification of your custody agreement and if there are to be visits they should be supervised. But you get a court order immediately, not later. Courts don't like people taking the law into their hands.Also, not clear why you had to switch school districts.
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Q: My daughter signed a contract 6 months ago with the US Air Force ROTC (non-Scholarship). Is there a way she can get out

1 Answer | Asked in Government Contracts and Military Law for New Mexico on
Answered on Feb 3, 2017

Possibly - since she is non-scholarship she may be able to request a voluntary disenrollment. There is an AF instruction on this but I don't have the number off-hand.
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Q: I am looking for a family lawyer, to get a new court date and a DNA test

1 Answer | Asked in Child Support for New Mexico on
Answered on Feb 2, 2017

Most family lawyers have payment arrangements. See who the bar association for your county recommends.
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Q: Would arbitration ever be preferable to a lawsuit in a personal injury case involving a car accident where both people

2 Answers | Asked in Personal Injury for New Mexico on
Answered on Feb 1, 2017

I think you are asking whether an arbitration is preferable to a jury trial. Arbitrations are typically much less expensive, quicker and easier than a jury trial. An arbitration is typically done before a single arbitrator or group of arbitrators and is typically completed in less than one day.
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Q: I have my deceased mothers land in the middle of probate and state sold it at the public auction because of back taxes

1 Answer | Asked in Probate and Tax Law for New Mexico on
Answered on Jan 25, 2017

Probably, yes. There are legal requirements for the State to meet in order to conduct such a sale, but death of the owner or the filing of a probate proceeding usually won't stop it. If they failed to accomplish any of the prerequisites properly, you may be able to bring suit and have the sale vacated. Unfortunately, what family members sometimes find out is that the State had long been sending tax notices to their late loved one who neglected or was unable to pay them, and the debt grew and...
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Q: If I am pregnant can we still continue divorce?

1 Answer | Asked in Divorce and Family Law for New Mexico on
Answered on Jan 24, 2017

Yes, you can still proceed with a divorce if pregnant.
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Q: Is it legal for an office to deny you're entry to the US for no specific reason?

1 Answer | Asked in Immigration Law for New Mexico on
Answered on Jan 24, 2017

A visa does not grant a person entrance into the USA. A visa only gives a person the right to approach the border and request admission. A Boarder Patrol Officer has the authority to grant or deny admission and determine the period of time a person may remain in the USA without incurring unlawful status. When an officer suspects that there may be an intention to remain in the USA as an immigrant when a person has a non immigrant visa s/he will often revoke or shorten the period of stay granted....
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Q: I am putting up a website that might be considered questionable and unethical and I would like a professional opinion.

1 Answer | Asked in Consumer Law, Products Liability and Internet Law for New Mexico on
Answered on Jan 23, 2017

An easy answer is can you get insurance? If not, maybe you want to apply your talents to a different type of site. People will want to get at you and you may not want to have to hire lawyers at the other end. The short answer is if you allow people to say libelous things, then you may have exposure for "publishing " the libel. And with the internet that means you might be sued anywhere. In the U.S. outside the U.S.
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Q: I am trying to appeal a case and the lawyer for the case does not want to take it. What can I do

1 Answer | Asked in Appeals / Appellate Law for New Mexico on
Answered on Jan 20, 2017

In most states you can represent yourself "pro se" unless a corporate entity is the party. In New Mexico you are allowed to do so on appeal under Rule 12-302 NMRA. Since the lawyer has not withdrawn, file the notice of appeal (and pay the filing fee) yourself under Rule 12-201 NMRA, including in the notice that the trial lawyer has withdrawn but has to date failed to inform the court. Or you can hire a new lawyer for the appeal who will file the appropriate case-initiating papers.
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Q: Can the state sale my land due to back taxes while I have it in probate?

1 Answer | Asked in Probate, Tax Law and Real Estate Law for New Mexico on
Answered on Jan 12, 2017

Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed amount and work out a payment plan.

Taxing agencies never go away and they almost always have legal priorities over other kinds of claims against a person's property. If you wait too long, you could...
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