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New Mexico Probate Questions & Answers
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


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 parents.... 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 Uncle passes on... 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


Inna Fershteyn

Law Office of Inna Fershteyn and Associates, P.C.

1517 Voorhies Ave, Suite 400...
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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'. Everything from 'x... 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' the other two siblings' interest.... 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 to... 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 sale... Read more »

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 amount and... 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.

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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 affairs would have... 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.

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