New Mexico Estate Planning Legal Questions

You do not need to name a relative.  You can name a friend.  You can name a trust company or a bank with trust powers (if you leave enough money to make it worth their while).  You can not name anyone other than each other.  If you do that, the judge will name someone, in some states with the agreement of the individuals or institutions to whom you leave things in your Wills.... Read More

A deceased person who dies without a will is known as someone who died intestate. He is going to need a small estate affidavit if he left less than $50,000.00 in assets excluding his homestead and exempt property. If he left more property than that, he's going to need an administration of his estate. To answer your question about the proceeds of the home, it depends on whether or not the home was community property or separate property that was purchased before marriage. It also depends on whether or not all of the children are children of the deceased and the wife. I'd strongly recommend you advise your friend to consult with a local attorney so that this man's estate is handled properly.... Read More

Check with your county clerk's office. If there has been a probate there should be a personal representative's deed which you can present to have the deed placed in your name. If you were joint on the deed with your mother you will probably just need to present a quick claim deed to have your mother's name removed from the deed. Each state is different so get guidance from an attorney or the county clerk.... Read More

Power of attorney dies with the person granting the power. Husband will need to be appointed personal representative of the wife's estate, or if the accounts are joint or he is the beneficiary he will alert the bank, etc. and present an original copy of the death certificate to gain access. Contact each institution and find out what they require. If you need help please find an Estate Planning Attorney in your area, they handle probate all of the time and can get the accounts processed efficiently.... Read More

You work directly with the bank to pay off the mortgage loan. They cannot take the house as long as you are current on the payments. When the loan is paid off, the bank gives you a Satisfaction of Mortgage (or a similar document the document has different titles in different states), which should be recorded in the county recorder's office. You also need to find out whether the house has been transferred into your name. A local real estate attorney or probate attorney can help you with this, or you can go to the county recorder's office to find out whether that quit claim deed has really been recorded.... Read More

This should not be a problem. I assume your husband had a will which would pour assets into his trust. The probate is not expensive and the process is called an informal probate administration. There is no other way that you can get the title to the home into his trust's name or possibly yours if he did not have a will.... Read More