Lawyers, Answer Questions  & Get Points Log In
New Mexico Probate Questions & Answers
1 Answer | Asked in Probate, Tax Law and Real Estate Law for New Mexico on
Q: Can the state sale my land due to back taxes while I have it in probate?
Ben F Meek III
Ben F Meek III answered on Jan 12, 2017

Probably yes. You'd best either pay the taxes or consult an attorney about possible ways to get time to deal with it. You might try contacting the taxing agency, if you haven't already. If the taxes were income taxes, a tax resolution law firm may be able to help you reduce the claimed... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: My mom just passed away , she left her husband and had a boyfriend , she had a truck she left to me , who gets the truck

My mom was going to file but had anuurism and than died , her n her ex husband had purchased a vehicle together and when she left him she had the vehicle in her possession , her last words to me and 10 other people was to not give her husband the truck and that it was to go to me of anything... Read more »

Terrence H Thorgaard
Terrence H Thorgaard answered on Oct 8, 2015

It would depend, in part, on whether they were divorced, and if so what the divorce decree said about the truck. If it was awarded to her in the divorce, it belongs to her estate and (assuming she didn't leave a will) it would probably go to her children. See an attorney.

2 Answers | Asked in Probate for New Mexico on
Q: Do I need to file probate in New Mexico where my husband died in an accident without a will?
Michele Ungvarsky
Michele Ungvarsky answered on Oct 17, 2013

The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.

View More Answers

1 Answer | Asked in Probate for New Mexico on
Q: Can a probate attorney tell if a will is fraudulent?

Misspelled and incorrect names, incorrect addresses - and form. I'm certainly no expert but it appears bits and pieces were taken from the original will then used to create a "new" one. Very unprofessional looking. My deceased loved one was a business professional. End of life... Read more »

Michele Ungvarsky
Michele Ungvarsky answered on Oct 17, 2013

The will should be contested if it has been submitted to probate. You will need evidence to show the court that the will should be voided.

1 Answer | Asked in Probate for New Mexico on
Q: I have 1 sibling (9 deceased). Mothers house sold, do me & living sibling split money or do grandchildren legaly get $
Michele Ungvarsky
Michele Ungvarsky answered on Oct 17, 2013

If your mother had a will the proceeds from the sale must be distributed according to the will. If there is no will and no surviving spouse then to her children equally, if the child is deceased then that share goes to that child's children equally.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.