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New Mexico Probate Legal Questions

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11 legal [2, *]questions have been posted about wills and probate by real users in New Mexico. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include living wills, and contested wills. All topics and other states can be accessed in the dropdowns below.
New Mexico Probate Questions & Legal Answers
Do you have any New Mexico Probate questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 11 previously answered New Mexico Probate questions.
Wills and Probate
New Mexico

Recent Legal Answers

Can step kids claim half of my dads estate if my dad's ex-wife died seven years ago

Answered 5 years and a month ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
If the stepchildren were not adopted, they are not your father's children and do not inherit from him.  Talk with a local probate lawyer.
If the stepchildren were not adopted, they are not your father's children and do not inherit from him.  Talk with a local probate lawyer.

I am administrator for my brothers estate.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
You need both.  Go to www.irs.gov to get an EIN for the estate.
You need both.  Go to www.irs.gov to get an EIN for the estate.

How can I get a property deed willed to me.

Answered 5 years and 2 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
All deeds must be recorded with the county clerk.  Check the clerk's records.  They are public documents.
All deeds must be recorded with the county clerk.  Check the clerk's records.  They are public documents.

Is it legal for a power of attorney to put her name on everything and ignore the will after death??

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
From your description, this sounds like a violation of fiduciary duty.  Hire a probate lawyer who does fiduciary litigation.
From your description, this sounds like a violation of fiduciary duty.  Hire a probate lawyer who does fiduciary litigation.

Can a no contact order be lifted from me an my girlfriend we both are on probation

Answered 5 years and 3 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Please repost your question under criminal defense.  Probate is not the same as probation.  Probate is proving that a Will is the Will of someone who died or, if there is no Will, that the heirs named by the applicant are the heirs and the only heirs.
Please repost your question under criminal defense.  Probate is not the same as probation.  Probate is proving that a Will is the Will of... Read Answer

Can a mother put her sons wife in Probate?

Answered 5 years and 5 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Someone miust probate (prove) and settle your husband's estate.  Whether that someone is your mother-in-law or you, the result is the same:  you inherit.
Someone miust probate (prove) and settle your husband's estate.  Whether that someone is your mother-in-law or you, the result is the... Read Answer

Do I need to hire a probate attorney to handle a possible dispute over property?

Answered 5 years and 10 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
The attorney handling the probate should be able to help.
The attorney handling the probate should be able to help.

How do I become the Executor of the Estate? I am my own father's caretaker and daughter who lives with him daily...now for four years.

Answered 7 years and 4 months ago by attorney Terry Lynn Garrett   |   1 Answer
Terry Lynn Garrett
Your father's will can name an executor.  When the will is submitted for probate, the court will appoint one, usually the person named in the will.  Your father should see a local estate planning attorney.  If needed, ask for one who will go to the home.
Your father's will can name an executor.  When the will is submitted for probate, the court will appoint one, usually the person named in the... Read Answer

my aunt had a will and after her death only her husband has seen it...the will says I am to have my grandmothers ranch...what do i need to do?

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
You could file in the probate court where your aunt lived to be appointed executor of her estate and, as part of the filing, state that you believe she left a Will but her husband has not filed it yet.  I don't understand how you know the Will leaves the ranch to you if only her husband has seen it, but the court has the authority to require him to file the Will. ... Read Answer
You could file in the probate court where your aunt lived to be appointed executor of her estate and, as part of the filing, state that you believe... Read Answer

Can the family of a deceased person contest a probate?

Answered 9 years and 3 months ago by Maryellen Sullivan (Unclaimed Profile)   |   1 Answer
Yes.  Heirs, which are defined by the probate law of the state where probate is filed, have the ability to file in probate court to seek information, to contest an executor's actions, to seek court supervision of an executor, and to remove an executor.  Good luck. 
Yes.  Heirs, which are defined by the probate law of the state where probate is filed, have the ability to file in probate court to seek... Read Answer

where can i find a listings of trust lawyers in new mexico

Answered 13 years ago by attorney William R. Pelger   |   1 Answer
William R. Pelger
usually when a lawyer dies, his partners assign his cases to someone else. if he has no partners, sometimes the bar association goes in to his office and makes sure the files get to other lawyers. also, you can ask whoever is handling his case load, the partners or the bar association, for the file and take it to a lawyer of your choosing.... Read Answer
usually when a lawyer dies, his partners assign his cases to someone else. if he has no partners, sometimes the bar association goes in to his office... Read Answer
Wills and Probate
New Mexico

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