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New Mexico Questions & Answers
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 Consumer Law, Appeals / Appellate Law and Arbitration / Mediation Law for New Mexico on
Q: In new mexico, after fee arbitration fails, which court handles the appeals, district or magistrate?

Had arbitration through NM Bar for attorney/client dispute over fees. Was never given a fee agreement and paid cash to the attorney, Went to arbitration under a voluntary attorney assigned by the bar. Arbitrator ruled against me , I objected to the matter, I am being ignored and have received no... Read more »

Charles William Michaels
Charles William Michaels answered on May 5, 2020

It depends on if the arbitration agreement or arbitration procedure provides for any appeal, most do not. If any appeal is to be filed, I would say New Mexico trial court, but I have no experience with NM arbitration rules.

1 Answer | Asked in Employment Law and Health Care Law for New Mexico on
Q: Is non-compete enforceable?

I am an SLP who works for a company based out of state but I live in Albuquerque and work for APS through them. In a covenants/provisions clause of my contract, I am not to work for APS for 12 months after my contract expires. I feel this is unreasonable since APS is the only public school in the... Read more »

Kyle Anderson
Kyle Anderson answered on Apr 29, 2020

Non-competes, generally speaking, are enforceable. There are factors a court takes into account to determine if they are too restrictive and thus, unenforceable. This varies state to state. I would recommend reaching out to an employment lawyer in your state for a consultation.

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 Medical Malpractice for New Mexico on
Q: How far would it go in the court system.

Have been telling Dr for a week wife has preeclampsia. Last two days she been in labor. She was having contractions every 4-5 min was released with 1.5 hour drive home. Her water broke and we returned dr won’t even see her for another 8 hrs on what should be an emergency c-section. Nurse has... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

This is a complex scenario and you await a response for four weeks. The best thing you could do as a first step would be to contact a med mal attorney in New Mexico. Many offer free initial consults. If upon further discussion of the matter, they determine your wife has the basis for a case, they... Read more »

1 Answer | Asked in Appeals / Appellate Law, Civil Rights and Intellectual Property for New Mexico on
Q: Why can't I find an attorney to take my case. City Council is going to demolish my home for no reason.

I have 4 different licensed contractors say it doesn't need to be demolished. I had 2 licensed contractor try to pull a permit and was denied. I just want to remodel this home and live in it. I go to court tomorrow, on city wanting to dismiss it. My hearing is set for April 9th, if it's... Read more »

Tim Akpinar
Tim Akpinar answered on Apr 12, 2020

If you had your April 9th hearing already, it could be a moot point, but attorneys might be apprehensive about charging for services where they have difficulty in predicting an outcome. You could keep trying. Another issue is that the health crisis has paralyzed court operations and professional... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: Child support was modified and agreed upon in court a week ago after 9 years. He is now filing for primary custody.

Should I hire an attorney or respond pro se?

Gary William Boyle
Gary William Boyle answered on Apr 7, 2020

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... Read more »

1 Answer | Asked in Personal Injury for New Mexico on
Q: can i fix neighbors property and not have the property owner not responsible for any injuries to myself
Tim Akpinar
Tim Akpinar answered on Apr 5, 2020

A New Mexico attorney could best address your question, but your post remains open for two weeks. As a general matter, it's really in your hands. If you do attempt to help neighbor, that's nice of you and I hope nothing happens to you in the course of the work. But if you did injure... Read more »

2 Answers | Asked in Criminal Law, DUI / DWI, Personal Injury and Car Accidents for New Mexico on
Q: Hit by drunk driver, both vehicles totaled. Other driver charged with DUI and off to jail. Injuries, maybe long term.

We have her insurance info and filed a claim. Our insurance paid our vehicle off and offered us an extra almost $4500 (This does not replace the vehicle). We are still waiting, 6 days now for police report. We have lost work time, scared kids, no vehicle, and anguish to know end. We want to go... Read more »

Mark Caruso
Mark Caruso answered on Mar 29, 2020

I am so sorry to hear of your recent crash which was caused by a drunk driver. DWI's continue to be a real problem in our state. You can bring a personal injury claim against the driver and insurance company for all injuries suffered by you and your family. Each of you have an individual... Read more »

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1 Answer | Asked in Criminal Law for New Mexico on
Q: What is the maximum penalty in NM for attempting to elude and failure to comply to probation orders?
Marc Grano
Marc Grano answered on Mar 20, 2020

You will need to sit down and talk with an attorney to review, assess and advise on any specific case. He/she would need to review the specifics of the plea agreement that placed the person on probation as well as the specifics of any new allegations. The attorney would also need to know the... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Someone barrows your car they wreck into a building are you responsible for paying damages
Tim Akpinar
Tim Akpinar answered on Mar 19, 2020

It would be best if a New Mexico attorney advised here, but you await an answer for two weeks, and there are certain things you need to do without delay. In most jurisdictions, the owner, as well as the operator, can be sued. Hopefully, your insurance will cover the loss. From the serious damage... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a statue of limitations on probation violations in New Mexico.

If someone violates their probation, and it's not caught until after the probation period is over can they court issue a warrant or is there a statue of limitation on that?

Marc Grano
Marc Grano answered on Mar 4, 2020

I would recommend that you talk directly to an attorney who can review and assess the specifics of the case. I will offer a very generic answer given the following assumed facts:

1. In New Mexico State court

2. The probationer is an adult

3. The probationary period...
Read more »

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can i get a lawyer for a motel who doesnt give me any compensatiom for hours worked 70 hrs in a week all i get is a room
Deena L. Buchanan
Deena L. Buchanan answered on Mar 1, 2020

Your employer must pay you at least minimum wage for all hours worked and overtime if you work more than 40 hours in a workweek and are non-exempt. It sounds like you may have a claim.

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 Family Law, Tax Law, Child Custody and Identity Theft for New Mexico on
Q: my daughter dad took her and I haven't seen or spoken to her in 1 yr 7 months. He is not on the birth certificate
D. Mathew Blackburn
D. Mathew Blackburn answered on Feb 4, 2020

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.

1 Answer | Asked in Constitutional Law for New Mexico on
Q: My mom passed at home in Albuquerque do police automatically have the right to search my home
Tim Akpinar
Tim Akpinar answered on Jan 26, 2020

I'm sorry for the loss of your mother, and that your question remains open for four weeks. Maybe you could repost under Criminal Law, or directly contact a criminal law attorney you find on this site or through your independent search. You're correct in that this is a constitutional law... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: I have a standing criminal pretrial order that was filed march 3 2017. And idk what it is or why

I didnt get into any trouble in 2017

I have a feeling that I'm getting railroaded

Marc Grano
Marc Grano answered on Jan 25, 2020

I do not believe there is a way to answer your question without actually reviewed your specific order. In general, a pretrial order establishes deadlines for discovery, motions, interviews (if in state court), plea deadlines and other deadlines in preparation for moving the case towards trial.... Read more »

1 Answer | Asked in Criminal Law for New Mexico on
Q: Is there a minimum mandatory sentence for aggravated fleeing in New Mexico
Marc Grano
Marc Grano answered on Jan 22, 2020

There is not a mandatory minimum sentence for Aggravated Fleeing in N.M. state court. It is a fourth degree felony punishable by a maximum of 18 months in custody and/or $5,000 fine.

1 Answer | Asked in Criminal Law and Civil Rights for New Mexico on
Q: Firearm ownership in new Mexico

I legally bought a rifle and shotgun in 1978; in 2009 I was convicted of nonviolent felony, sentenced to 8 months, completed sentence in May 2010;

May I legally have the firearms, in my home, in new Mexico? If not, is there a way to legally do so?

Keep in mind- rifles, not handguns,... Read more »

Concetto Kirk Di Giacomo
Concetto Kirk Di Giacomo answered on Jan 22, 2020

No, you aren't legally allowed to own a firearm. See N.M. Stat. Ann. § 30-7-16.

This same statute defines a "felon" using the following language:

“[F]elon” means a person convicted of a felony offense by a court of the United States or of any state or...
Read more »

1 Answer | Asked in Contracts, Personal Injury, Products Liability and Civil Litigation for New Mexico on
Q: Can I impleader a Defendant as a co party

Civil suit case

Tim Akpinar
Tim Akpinar answered on Jan 21, 2020

It's possible you could. You would be best off discussing this with an attorney in New Mexico, but your post remains open for a week. As a general matter, this arises in contribution or indemnity settings, and the party you implead becomes a third-party defendant. This is covered in Rule 14 of... Read more »

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