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New Mexico Elder Law Questions & Answers
1 Answer | Asked in Employment Law and Elder Law for New Mexico on
Q: I HAVE BEEN WORKING FULL TIME FROM HOME FOR 6 MONTHS UNDER A DR'S CARE FOR A SUDDEN HEART PROBLEM.

I HAVE BEEN MEDICALLY RELEASED TO RETURN TO WORK. MY EMPLOYER TOLD ME I'M A LIABILITY AND FORBIDS ME TO RETURN TO THE OFFICE AS A OFFICE MANAGER. I HAVE NO IDEA IF HE IS GOING TO CONTINUE PAYING ME CONSIDERING EACH WEEK MY WORK HAS BEEN REDUCED AND GIVEN TO MY ASSISTANT WHO EARNS CONSIDERABLY... Read more »

Deena L. Buchanan
Deena L. Buchanan answered on Jun 29, 2019

You should definitely reach out to a New Mexico employment lawyer about this. You are describing retaliation for taking leave for a serious medical condition, which is illegal under New Mexico law. While you have a smaller employer, New Mexico employment law protects employees as long as the... Read more »

1 Answer | Asked in Real Estate Law, Family Law, Elder Law and Probate for New Mexico on
Q: Cared4 Grandma & Down Syndrome Uncle.Grandma passed.Aunts took Uncle,want house. Its willed2 me When uncle dies.what now

Uncle being disabled I became his state paid caregiver after grandma got too old to do it anymore. The house is his, now that Grandma's passed. The house is where grandma raised me and my Uncle. But my Aunts who have my Uncle now don't know "what to do about the house"? When my... Read more »

Inna Fershteyn
Inna Fershteyn answered on Oct 24, 2017

It's not a family law it's a probate question. What does a will say? You need estate lawyer consultation. If there is no will Intestate succession laws govern

Sincerely,

Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave,...
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1 Answer | Asked in Elder Law, Estate Planning and Family Law for New Mexico on
Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.

I am 53 an only child and I believe she manipulated my father into changing his entire estate into her name. He had a revocable living trust. Can I reverse this, they did not advise the attorney at the time that he had dementia. The attorney said he appeared to be in his right mind. Which his mind... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Apr 1, 2016

You probably can petition to challenge his revocation of the trust, claiming that he lacked the mental capacity to do so. Was he the trustee as well as the trustor?

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