New Mexico Estate Planning Questions & Answers

Q: Is my will from WA good in NM.

1 Answer | Asked in Estate Planning for New Mexico on
Answered on Jan 13, 2019
Kelli Y Allen's answer
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.

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

1 Answer | Asked in Estate Planning for New Mexico on
Answered on Aug 31, 2017
Kenneth V Zichi's answer
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 relationship. I am licensed in Michigan only.

Q: How can I enforce my daughter paying money she owes me and have it go to my residue estate

1 Answer | Asked in Estate Planning for New Mexico on
Answered on Aug 31, 2017
Kenneth V Zichi's answer
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 things will happen as expected.

You should seek local guidance from a licensed estate planning attorney to insure things are done right! You can use the 'find a lawyer' tab here to search for...

Q: In NM can a personal lender inspect the property after sale in 2008 till now? Must they give a notice?

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Answered on Mar 30, 2017
Ben F Meek III's answer
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 deny the mortgagee the right to inspect. So you should have an experienced real estate attorney in your area review your mortgage and advise you of your rights under the mortgage and local law, and do...

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
Ben F Meek III's answer
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.

Q: My father married a woman they have been married 5 years. 2years into the marriage he was diagnosed with dementia.

1 Answer | Asked in Elder Law, Estate Planning and Family Law for New Mexico on
Answered on Apr 1, 2016
Terrence H Thorgaard's answer
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?

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?

1 Answer | Asked in Estate Planning and Real Estate Law for New Mexico on
Answered on Feb 12, 2016
Jeff Grandjean's answer
The statutes require that it be filed prior to the transferor's death.

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