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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.
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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
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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
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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
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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 am currently managing my father's probate process. He was a joint owner in multiple properties in Sierra County, listed as "Tenants in Common" on all Trustee's Deeds. Probate was filed in Bernalillo County Probate Court, as that was his county of residence. I understand that I... View More
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answered on Feb 15, 2025
You are hopelessly confused and about to get into trouble. Hire a NM attorney now. Apparently you do not know the difference between Trustees' owning trust corpus and Deeds of Trusts where the tenants in common owe money on a note. If Father owned as a TIC then he owned some share of... View More
Can the home valued at 56000 be transfer to heir with our probate?
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answered on Feb 1, 2025
Deceased heirs own it at death unless the Will is probated, which may be advisable. Hire a NM attorney to search the title, determine heirship, then record an affidavit and/or deeds to get it to the heir who wants it.
We had a potential tenant in commercial lease, the lease was never signed and the tenant is demanding money back.
answered on Jan 15, 2025
A New Mexico attorney could advise best, but your question remains open for two weeks. The basic rule in most settings is that an agreement/contract needs to be signed by the parties to be effective. But every situation can also be fact specific. Most attorneys would probably want to know more... View More
My grandma's passed away and I am the sole err to it.but I was just a young boy when she died and just found out about it now..help???
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answered on Jan 9, 2025
I'm very sorry to hear about your grandmother's passing. Dealing with inheritance matters years after someone's death can be complex and emotionally challenging.
First, you'll need to locate the official copy of your grandmother's will and determine if it was ever... View More
I was just a young boy when my grandmother passed and I just found out about this will...
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answered on Jan 9, 2025
First, I'm very sorry about the loss of your grandmother. Finding out about an inheritance years later must bring up complex emotions, and it's understandable you want to handle this properly.
You'll need to contact the probate court in the county where your grandmother lived... View More
me and my wife are on the deed and loan but he has made all the payments .
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answered on Dec 13, 2024
Mortgage will have a due on sales clause, so you cannot record a deed to him now or foreclosure could occur. However you could execute a deed now, but not record it. Then he can record it when it is safe, such as mortgage satisfied.
They served my mother in law in a restraining order and included myself and my husband et al. I've never met the person filing before. It is my husband's father. In the document they are also saying they are filing a quiet title deed. I have to present in Wednesday. I live in Alaska and... View More
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answered on Nov 27, 2024
If you do not want to travel to Court then hire a NM attorney to represent you. Otherwise at least a default judgment will go down against you. Apparently you may have an interest in the real property, so get the lawyer to file an answer to the Quiet Title Action.
We have two 80-acre farmland plots still titled to grandparents (both deceased). Plots were willed to their two children (also deceased). Problem with communication between two families. Is it possible to petition the court to have the two properties split, one to each family? If so, what paperwork... View More
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answered on Nov 12, 2024
Hire a NM attorney to file an action for a Partition In Kind. All tenants in common must be Parties.
R can I file a junction in New mexico
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answered on Oct 29, 2024
It appears that "filing a junction" isn't a recognized legal procedure in New Mexico. You might be referring to a different legal action, so it's important to clarify the exact term or process you have in mind.
If you're dealing with real estate matters, common... View More
I am on the board for a Property Owners Assn and we have homeowners who do not pay their yearly dues. How do we file a lien against the owner's property to get their fees paid when the property sells? We are a 55+ association.
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answered on Oct 18, 2024
HOA will need to hire an NM attorney to represent it. Collection through foreclosure of the lien may be necessary.
I have a piece of land that is crossed by an abandoned railway easement. I have a description that says the south right of way of the railroad is also a public easement. What rights and responsibilities do I have, and who gets to use the easement and for what purposes?
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answered on Sep 13, 2024
You can file a Declaratory Judgment action to have the Easement declared abandoned and not constituting a property interest any more. But you will lose.
She sent me a email, to see if i was ok with her doing that! I moved out of that house November 29th 2023! Because of My Son and Her Gaslighting Me! I was Asked to Purchase this house with Her and Was Promised if I needed help with my personal bills, they would help Me! Well that never Happened, I... View More
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answered on Aug 15, 2024
You deserve to have your concerns addressed, especially when it comes to something as significant as your name being removed from a mortgage and deed. It sounds like you’ve been through a challenging situation, and it’s understandable that you want to be free from this property and have your... View More
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answered on May 28, 2024
All titled owners will need to sign the deed transfer, so he will probably need his money at closing.
Three people an the quit claim. Two have not been back nor paid any upkeep or taxes in four years.
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answered on Feb 5, 2024
You can ask the other TICs for apportioned monies owed, sign over their interests to you by deed or file a suit for partition.
I directly paid (as a loan) a mortgage and a credit card balances to ease a person's stress. I have only our texts to prove that she owes me the $27,700. I wanted a lien, but she wants to give me a promissory note! I won't live long enough for her to pay me off at $100/mo, so I need to... View More
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answered on Jan 15, 2024
Either sue her for the money lent and get a judgment which can be filed as a lien. Or take the note secured by a deed of trust/mortgage against the property. Apparently it will be a second priority debt, so if you foreclose, you have to pay the mortgage or you get foreclosed on.
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