In your case, it is unlikely that your mother's verbal wish to leave her house to you would be valid. This is because she was not in contemplation of imminent death when she made the wish and she was not a soldier or sailor. Additionally, it is possible that your siblings could challenge your...View More
If you leave a long-term relationship in which you were not married, you may not be entitled to support or property division in the same way that a divorcing spouse would be. However, some states recognize what is called "common law marriage" with certain conditions, or you may have...View More
If you're 18 and dating a 16-year-old in New Mexico, be aware that the age of consent is 17 in the state, which means individuals under 17 cannot legally consent to sexual activity. If her mother expresses concerns and calls the police, it's important to cooperate and address the...View More
We bought the house in 2019, divorced in September 2022 when I moved out. He had until Nov 1 to remove me from the deed but never did. Now he’s selling and wants me to sign the paperwork to remove me from the deed.
In a situation like this, the division of proceeds from the sale of the house typically depends on the divorce settlement agreement or court orders. If your divorce decree outlines how the property should be handled and whether you're entitled to a share of the sale proceeds, that agreement...View More
In New Mexico, if you have Power of Attorney (POA) over your incarcerated fiancé, it might grant you access to certain information about his well-being and medical status, depending on the specifics of the POA document. You should start by contacting the facility where he is incarcerated and...View More
In New Mexico, filing for abandonment might be an option if your ex-husband has had no contact with your daughter for an extended period. Generally, abandonment is defined as the deliberate act of relinquishing all rights and claims to a child. Legal requirements may vary, so it's important to...View More
In New Mexico, you can file for divorce if you meet the state's residency requirements. Generally, at least one of the parties must be a resident of the state for a certain period before filing for divorce. Given that you were married in California and now reside in New Mexico, you may be...View More
Grandparents rights are defined in NMSA Section 40-9-2. Those rights depend on a variety of factors including whether the parents are living or deceased, the age of the grandchildren and whether they have resided with the grandparents, and a series of factors aimed at determining what sort of...View More
Mother in law and fiance were granted temporary kinship guardianship of Parent's three children in 2021. Guardians have received a significant financial gain as a result. Specifically the grandmother's social security disability benefits. As well as food stamps. The benefits are in mother... View More
If you believe that the guardians have received a significant financial gain as a result of their temporary kinship guardianship and have not used these funds appropriately, there are several steps you can take.
Firstly, you may want to consider contacting a lawyer who can advise you on...View More
There are a few odd things that have happened including motions filed last sept. Why did judge recuse? She literally added a line and stated "for good reasons". Respondent had atty's but they have recently withdrawn due to difficulties between client and themselves. Now a hearing... View More
Generally, a statis conference is just what it sounds like. The new judge likely wants to find out what is happening in the case and which of the prior filings still need to be resolved. The new judge might also want to actually schedule additional hearings. A status conference is usually...View More
In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.
First, you need to file a petition in the probate court that is handling...View More
You will need to hire a NM attorney to search the title and determine heirship. Recording an Affidavit of Heirship might establish a source of title. The LLC should be researched also: is it active?; should it be dissolved?; or is LLC a tenant in common with the other heirs?.
You can revoke the POA anytime. I would notify any interested parties such as the renters. You can also sue her for breach of fiduciary duty for presumptively fraudulent transfers of your money to herself.
A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to...View More
Later she moved back to n.m for 8 months n let me n my son build a relationship then she just took off to Colorado out of no where then I filled for custody here in n.m but which state would have jurisdiction Colorado or New mexico
If your son has been back in Colorado for less than 6 months, New Mexico courts will have jurisdiction over the custody issues. If he has lived in Colorado for 6 months or more this time, the Colorado courts will have jurisdiction.
She wants to turn herself in with her lawyer but wants me to pick the daughter up before she does that so she's with someone safe. What should I do to make sure I have guardianship of her for school, medical and other things?
The answer to this question is one rooted in NM law, unfortunately. As you would be attempting to assume custody of the child in NM, you will need to consult with a lawyer there regarding a possible emergency petition for temporary custody and guardianship. That said, it is highly unlikely that...View More
You should probably retain qualified counsel experienced in custody disputes. Any decision the Court makes regarding time sharing at this point may be binding unless there is a material change in circumstances in the future. You will have a much better chance of protecting your child's...View More
I'm sorry to hear about that. You've got a pretty complicated issue you may be better off going directly to an attorney and having a private consult with them. I'm not sure you're going to get useful answers to your situation in a forum such as this.
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