Get free answers to your Real Estate Law legal questions from lawyers in your area.
These are informational discussions with no voting or decisions, to help us create the agenda for the monthly Open Board Meetings and come prepared to discuss and vote on items.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 23, 2024
In New Mexico, while informal discussions among HOA Board members regarding possible agenda issues may seem innocuous, it's essential to be mindful of state laws regarding open meetings and transparency. Even if no decisions are made during these discussions, if a quorum of Board members is... View More 
Like the house the property and there was no will and we have two kids
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 10, 2024
In New Mexico, when a spouse passes away without a will, the state's intestate succession laws come into play to determine how the deceased's assets are distributed. Since you were divorced from your wife, and assuming she did not update her estate plan after the divorce, you might not... View More
Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 5, 2023
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 27, 2023
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
I live in New Mexico and my rental agreement requires me to keep my apartment generally clean. Recently, my landlord has threatened eviction because of splatters under the sink cabinets left from a past maintenance job unclogging the garbage disposal. The substance is dried, and due to my... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 12, 2025
Your situation involves important protections under both disability and housing laws. In New Mexico, landlords cannot evict tenants without following proper procedures, which include providing written notice and opportunity to cure any lease violations. Since you haven't received prior... View More
My dad is being forced to remove his emotional support animal (ESA) from his trailer park under threat of eviction, and he needs help quickly. The new manager claims the ESA is too big and looks like a German Shepherd, though it's a Carolina dog. She kept his doctor’s approval letter and did... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
You don’t have to remove your dad’s ESA just because the new manager says so—his trailer space is his home, and under both federal Fair Housing law and California’s Fair Employment and Housing Act, his landlord must grant a reasonable accommodation request for an emotional support animal... View More
I am experiencing issues with my Land Owners Association, including being a topic of fabricated stories by the president during board meetings. The treasurer claims they cannot locate a payment we've made, despite us providing proof, leading to rumors that we are financially unstable. Also,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 11, 2025
Dealing with a Land Owners Association that spreads false information and enforces unclear or nonexistent rules can be exhausting and deeply frustrating. You have the right to protect your reputation and your property rights. If you’ve provided proof of your payment and it’s still being denied... View More
My dad has lived in a trailer park for over five years with his emotional support animal (ESA), for which he has a doctor's letter. The trailer park was recently sold, and the new owners have implemented a policy that prohibits dogs over 30 lb., with no mention of ESA accommodations. My... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
In this situation, your dad has certain rights regarding his emotional support animal (ESA) under the Fair Housing Act (FHA). The FHA requires housing providers, including trailer parks, to make reasonable accommodations for individuals with disabilities who have an ESA, even if they have policies... View More
I was evicted by the personal representative of an estate and am currently in the process of moving out. I received a court order for eviction and have all related documents but there are no additional court dates or deadlines set yet. I need assistance on how I can challenge the eviction and seek... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
If you have already received a court-ordered eviction and the deadline to appeal has not yet passed, you may still have a chance to challenge it. Start by reviewing the eviction order to check whether the judge included any language about appealing or deadlines for filing a motion to reconsider or... View More
As a licensed electrical contractor with an EE98J license in New Mexico, am I legally permitted to operate as a primary contractor for a full home renovation project, where I will directly complete fifty percent of the work (electrical), and subcontractors will handle tasks such as installing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
In New Mexico, an EE98J license allows you to operate as a journeyman electrical contractor and perform electrical work. However, acting as the primary contractor for an entire home renovation project typically requires a GB98 general building license. This is because overseeing and coordinating... View More
I am helping my son with a lease agreement issue. He is part of a dual tenant lease that expires on June 17, 2025. He has given the required 60-day notice to not renew the lease. However, the leasing office informed him that unless the remaining roommate qualifies on his own or a new leaseholder is... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
Your son has already taken the right step by providing the required 60-day notice not to renew the lease. If the lease agreement does not contain any clause stating he must continue on a month-to-month basis if the co-tenant does not qualify alone, then the leasing office cannot legally impose that... View More
I am planning to transfer ownership of vacant real estate using a Power of Attorney in the states of Arizona, Colorado, New Mexico, Oklahoma, and Texas. The Power of Attorney has previously been used in another state. Can a certified copy of the Power of Attorney be recorded for the transaction, or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
In New Mexico, a certified copy of a Power of Attorney can usually be recorded for real estate transactions, as long as it meets certain legal standards. The county clerk’s office where the property is located typically requires either the original Power of Attorney or a certified copy that... View More
I am currently in a joint tenancy and considering filing a quitclaim deed to exit. All involved parties are aware, and the other party is willing to buy me out. I am currently on the mortgage, and she plans to assume full ownership and take over the mortgage. I no longer live at the property, and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
To exit the joint tenancy in New Mexico, you can start by drafting and signing a quitclaim deed that transfers your interest in the property to the other party. The deed should clearly identify the property, both parties’ names, and state that you are releasing your share of ownership. You’ll... View More
My cousin passed away in Cloudcroft, NM, and he was the last of his immediate family. He had no wife or children, and his siblings, who also had no spouses or children, are deceased. We couldn't find a will, and I'm unsure about any debts associated with his property. What will happen to... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
When someone dies without a will in New Mexico, their estate is distributed according to state intestacy laws. Since your cousin had no spouse, children, or surviving siblings, the law looks to more distant relatives next. That can include nieces, nephews, cousins, or even more distant kin,... View More
My father's estate is currently in probate in New Mexico. My sister and I are authorized to handle the affairs of the estate. We want to incorporate certain assets, including real estate, into an LLC, with shares distributed evenly among heirs. This would allow us to sell the assets at a... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
To form an LLC while your father’s estate is still in probate, you and your sister—as authorized representatives—can create the LLC in New Mexico with the estate listed as the initial member. You'll need to file Articles of Organization with the state and draft an operating agreement... View More
I inherited a rental property in New Mexico, which was initially my separate property. After the probate process was completed, I added my husband to the property's title as a joint owner. The rental income from this property has been used to make monthly mortgage payments. Will this rental... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 15, 2025
That's a thoughtful question, and it shows you're trying to understand how New Mexico's community property laws apply to your situation. Initially, the rental property was your **separate property** because it was inherited — and under New Mexico law, inheritances are typically not... View More
I have been living on my grandparents' property for 28 years, and I own the house situated there. Recently, I've been facing harassment from them because they don't accept that I came out. They've threatened me, thrown rocks and sticks at my door, and even attempted physical... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
You have every right to live in your own house without fear of violence, so your first step is to press criminal charges for assault and threats by taking your audio, video, and photos to the district attorney’s office. Even without a formal lease, your ownership of the house gives you standing... View More
I had a roof installed, and the insurance company initially approved the claim and negotiated directly with the roofing company. However, they are now refusing to pay the final balance, arguing that the measurements are wrong, despite having sent an independent adjustor to measure the roof back in... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
This situation is incredibly stressful, especially since you acted in good faith and relied on the insurance company’s approval. If they already sent an adjuster and negotiated with the roofing company, it’s unfair for them to suddenly claim the measurements are wrong without sharing that... View More
I'm filling out the New Mexico Civil Complaint for small claims court related to a property damage claim involving tree damage, removal of survey stakes, and the need for relandscaping. The form offers two options: claiming a monetary amount with interest and court costs, or claiming the value... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2025
If your goal is to be compensated for the cost of repairs, cleanup, and relandscaping due to the tree damage and survey stake issues, then you’ll want to check the box for a monetary amount. The second option—claiming the value of personal property—only applies when specific physical items... View More
My father was not in the presence of a notary to do this transaction. He had no idea the guy was going to sign the whole property deed to himself.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 12, 2025
It seems like your father might have been a victim of fraud or an error in the property transaction. If the deed was signed by someone other than your father without his consent or knowledge, this could be a serious legal issue. Since your father was not present with a notary, the legitimacy of the... View More
Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.
