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New Mexico Probate Questions & Answers
1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: my sister is the personal representative of my moms estate. she is not cooperating nor answering our questions.

She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021

Nina Whitehurst
Nina Whitehurst answered on Aug 15, 2021

If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.

1 Answer | Asked in Probate for New Mexico on
Q: what form is used to request seeing what the will states with regards to the inheritance and who is to get what %?

I am the granddaughter to someone that told me (when they were alive) that I would receive 50% of the estate upon their death, and the decease's daughter has not openly or willingly informed of what to expect. in fact she didn't even inform me of the death. what can I do?

the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 6, 2021

If no document was filed as a Will with Probate Court, then the purported will has no effect. You might consider filing to Administer the Estate, and possibly receive some compensation that way. Unless you can locate the Will or a copy, it is doubtful there will be a Probate of an Estate where... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for New Mexico on
Q: Does a granddaughter have more rights to her grandmothers property than a daughter-in-law?

If no will or papers.

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

Usually yes as the granddaughter might be an heir, while the daughter in law would only be a possible heir of her husband.

1 Answer | Asked in Probate for New Mexico on
Q: can a friend (non relative) make claim on property that does not have any heirs
Anthony M. Avery
Anthony M. Avery answered on Mar 24, 2021

Claim based on what? There are probably some heirs at law. You might want to figure out who they are, then establish heirship. Then have the heirs convey the property to you for a small consideration. But a tax sale is the best option, as the taxes have to be paid anyway. Hire a competent... Read more »

2 Answers | Asked in Criminal Law and Probate for New Mexico on
Q: I am on Felony probation, is association with a Felon a charge or just a violation in the state of New Mexico

I've been dating this felon prior to becoming a felon myself

Stephen Aarons
Stephen Aarons answered on Mar 23, 2021

Associating with a felon is not a crime, but it is probably a condition of your probation that you not associate with a felon. It is possible that you could talk your probation officer into allowing the association. Or hope s/he never finds out and types up a probation violation.

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1 Answer | Asked in Probate for New Mexico on
Q: My 85y 2nd cousin died in Albuquerque. His will was old and his estate was left to A) his Mother B)my Mother

Both preceded him in death. He had no siblings, never married and no kids. Would next of kin be myself and my 2 sisters?My Mom and my Cousin Jack (decedent) were 1st cousins (his mother was my Great Aunt.

Nina Whitehurst
Nina Whitehurst answered on Jan 17, 2021

The answer does depend somewhat on the wording of the will. Bring a detailed family tree and a copy of the will that has been admitted to probate to a probate attorney for review.

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 Energy, Oil and Gas and Probate for New Mexico on
Q: My question is about Texas Law. My ex husband wife did not tell the courts about his previous children there was no will

There are oil & gas leases involved that are supposed to go to all the children. They were passed down from their great grandmother , through her descendants, then their descendants, etc., etc. My children were the only ones never notified by the oil producers about their interests

James Tack Jr
James Tack Jr answered on Sep 22, 2020

It is not clear from the information provided what type of probate proceeding was had, if any, and when. The ability to contest any court ruling will depend on when the proceeding, if any, was held. There is also no indication of when the deaths occurred. If there was no will, all of the children... Read more »

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 Patents (Intellectual Property) and Probate for New Mexico on
Q: Mother in law just passed, she had a loan on her van, aunt took it not on the will can we involve police to get back?
Nina Whitehurst
Nina Whitehurst answered on Dec 22, 2019

You might find using the authority of the probate court more effective. With your mother in law gone there is nobody on title who is alive who can report it stolen until one of you gets appointed as executor of her estate.

1 Answer | Asked in Probate for New Mexico on
Q: My mother-in-law recently passed away she had a loan on a van son is the beneficiary and aunt not on will took it.

Is this a civil matter?

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Dec 20, 2019

The will needs to be probated in court and this matter needs to be handled with a probate attorney as soon as possible.

1 Answer | Asked in Probate for New Mexico on
Q: My mother passed away 10 years ago she let me out house my sister said I was going to never get it I told her a lawyer.

Now the house and apartment are vacated I'm in there and want to say there what are my laws and what's the right choice

Nina Whitehurst
Nina Whitehurst answered on Sep 16, 2019

It sounds like your mother's estate was never probated and, therefore, title to the house is still in limbo. You should hire a local probate attorney to help you probate your mother's estate.

1 Answer | Asked in Probate for New Mexico on
Q: Can I file a petition for administration from the state I live in

Probate

Nina Whitehurst
Nina Whitehurst answered on Sep 14, 2019

It must be filed in the state in which the decedent was domiciled, regardless of where his heirs are. Additional probate cases, called ancillary probates, must be filed in the states in which the decedent owned property. Proper estate planning can avoid this madness.

1 Answer | Asked in Adoption and Probate for New Mexico on
Q: BIO father abanded me & died. Funeral home says I needed to sign to release body. Am I liable/entitled to anything?

He was never married; no common law in New Mexico--had Girlfriend of 15+ years; he never paid a dime of child support. I am 44 yrs old in Rhode Island born out of wedlock; father abandoned my mom when she was 3 months preg. in Rhode Island (never showed up the wedding rehearsal the night before the... Read more »

Ben F Meek III
Ben F Meek III answered on Jun 15, 2018

You need to contact an experienced probate lawyer in your father's state. If I understand your statement correctly, you were the man's biological son but another person adopted you when you were a child. In some states, an adopted child can inherit from both his adopted and biological... 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,...
Read more »

1 Answer | Asked in Probate for New Mexico on
Q: I don't understand why I was named an Heir, and my sibling are devisse It makes no sense to me,

All my siblings were given shares of my moms estate, but I wasn't. I am very heartbroken right now.

Kenneth V Zichi
Kenneth V Zichi answered on Mar 29, 2017

I'm sorry to hear of your loss, and this distressing situation. HOWEVER there is no requirement that people list all their children as devisees in a will. While that TYPICALLY is what people want, there are many reasons why someone may decide to alter the 'equal distribution'.... Read more »

1 Answer | Asked in Probate for New Mexico on
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?

There are 3 children all together. Both Older sisters live out of state and want to sell the house. I live in state I moved to care for my father and do not want to sell the house.

Kenneth V Zichi
Kenneth V Zichi 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'... Read more »

1 Answer | Asked in Family Law and Probate for New Mexico on
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?

I understand a notary is not needed to provide me with medical poa just her signature. What do i do if she passes before poa is established?

I am the youngest son of two.

Ben F Meek III
Ben F Meek III 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... 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 Probate and Tax Law for New Mexico on
Q: I have my deceased mothers land in the middle of probate and state sold it at the public auction because of back taxes

Is this legal to do please help

Ben F Meek III
Ben F Meek III 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... Read more »

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