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New Mexico Estate Planning 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 Estate Planning for New Mexico on
Q: I’m in New Mexico . Is living revocable trust protect me from a spouse and give everything to my son ?

Can I put down no contest in my trust in case of divorce my spouse cannot take my assists from my living revocable trust

Nina Whitehurst
Nina Whitehurst answered on May 13, 2020

A revocable living trust created by you will not protect the assets in it from your spouse in the event of divorce.

1 Answer | Asked in Probate and Estate Planning for New Mexico on
Q: My sister passed away and her things are at her boyfriend's house but he won't give them to me voluntarily.

They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.

Nina Whitehurst
Nina Whitehurst answered on Apr 20, 2020

The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property... Read more »

1 Answer | Asked in Estate Planning for New Mexico on
Q: A family member died with no will. His mom died 2 weeks before he died and he was on her will as the 1st beneficiary.

Would her estate go to his estate and through probate? She also had a life insurance that listed him as the only beneficiary

Nina Whitehurst
Nina Whitehurst answered on Feb 28, 2020

It really depends on how his mother's will was worded. It is not possible to answer that question without reviewing the mother's will.

With respect to the life insurance, yes, most likely those life insurance proceeds will go to the named beneficiary's estate, given that...
Read more »

1 Answer | Asked in Estate Planning for New Mexico on
Q: After locating the determined attorney for a living trust, he refused to help. What do i need to do?trust is in limbo.
Nina Whitehurst
Nina Whitehurst answered on Oct 5, 2019

Find a different attorney. Your facts are unclear but that attorney might not be talking to you because he represents the trustee, not you. You need your own attorney.

1 Answer | Asked in Estate Planning for New Mexico on
Q: Is my will from WA good in NM.

I had a will drawn up in the State of WA a couple of years ago leaving everything to my one and only daughter. I don't own any property except a car. I moved to Santa Fe this past May.

Kelli Y. Allen
Kelli Y. Allen answered on Jan 13, 2019

As long as the will was valid and complied with all legal requirements in the state where it was written (witnesses, notary, etc.), all other states should recognize it as a valid will.

1 Answer | Asked in Estate Planning for New Mexico on
Q: Can I put an article in my will about people who owe me money, that they need to pay it to my estate. Within 30 days

My daughter is 90 days behind on paying me $200 a month on my inheratence from my fathers death . Can I force her to pay my estate any monies owed to me

Kenneth V Zichi
Kenneth V Zichi answered on Aug 31, 2017

You've asked this questions several times in slightly different ways. You need to see a local attorney! There is no way to suggest the 'best' way to address this in an email forum!

--This answer is offered for information only and does not create an attorney/client...
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1 Answer | Asked in Estate Planning for New Mexico on
Q: How can I enforce my daughter paying money she owes me and have it go to my residue estate

This is money from an inheritance from my father to me. At the rate of $200 per month for life. My daughter is currently 3 months behind. I want that money to go to my residual estate if still behind at my death

Kenneth V Zichi
Kenneth V Zichi answered on Aug 31, 2017

You can always write a will such that the debt is owed, and needs to be paid, but the details of how to do that go beyond the scope of a forum like this and would require an examination of your WHOLE estate situation to insure things are done properly and in a way that provides the best guarantees... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: In NM can a personal lender inspect the property after sale in 2008 till now? Must they give a notice?

Can mortgagee inspect property? Advanced notice or can they be legally denied?

Ben F Meek III
Ben F Meek III answered on Mar 30, 2017

Typically mortgage companies and banks that make home loans put language in their mortgages that they have a right to inspect their collateral (the house) periodically and that you as borrower and mortgagor consent to it. The mortgage may even have language that makes it an event of default to... Read more »

1 Answer | Asked in Estate Planning and Probate for New Mexico on
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.

His only asset is his home that is in disrepair and hoarding situation. The family has already invested $40k in repair and still not done. Can the family receive its compensation prior to credit collectors?

Ben F Meek III
Ben F Meek III 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.

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?

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Q: In the State of New Mexico, is it required to to file a Transfer on Death deed PRIOR to death, or can it be filed after?
Jeff Grandjean
Jeff Grandjean answered on Feb 12, 2016

The statutes require that it be filed prior to the transferor's death.

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