What formal requirements ensure a power of attorney executed in prison is legally valid? (NM)
Detailed Answer Short answer: Under New Mexico law, a power of attorney (POA) that is signed by an incarcerated person can be legally valid if it meets the state’s formal execution requirements: the principal must have legal capacity, the document must be signed by the principal (or in the principal’s presence by another person at […]
Read article →How to submit an affidavit accounting for personal property in a New Mexico small estate (NM)
FAQ: How do I submit an affidavit accounting for personal property in a New Mexico small estate? Short answer: In New Mexico, you can use a small‑estate affidavit to collect and distribute certain personal property of a deceased person without formal probate when the estate qualifies. Prepare a complete sworn affidavit that identifies the decedent, […]
Read article →Can I resume medical care after a gap in treatment and still seek compensation for my injuries? (NM)
Detailed Answer: Resuming medical care after a gap and pursuing injury compensation under New Mexico law Short answer: Yes — you can generally resume medical care after a gap in treatment and still seek compensation for your injuries in New Mexico. However, a gap in treatment can make your claim harder to prove. The defense […]
Read article →How does the diminished value process work if I do not own my car? (NM)
Understanding diminished value claims when you are not the vehicle owner This FAQ-style guide explains how diminished value works in New Mexico when you do not own the car involved. It assumes no prior legal knowledge. This is general information and not legal advice. Detailed Answer What is "diminished value"? Diminished value is the loss […]
Read article →Do wrongful death proceeds pass in accordance to the Decedent's Last Will and Testament? (NM)
Understanding Whether Wrongful Death Proceeds Follow a Decedent’s Will in New Mexico Short answer: Under New Mexico law, wrongful death damages generally do NOT pass under the decedent’s Last Will and Testament. They are statutory damages for the benefit of certain survivors and are distributed under the Wrongful Death Act, not by the terms of […]
Read article →How to Obtain and Submit an Original Will or Filed Copy During Probate Administration in NM
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer In New Mexico, when a person passes away leaving a last will and testament, the executor or any person in possession of the will must present the original document to the probate court. The process ensures the court validates […]
Read article →How to Prepare a Jointly Owned Property for Sale Before a Foreclosure Hearing in New Mexico
Disclaimer: This article is for educational purposes and does not constitute legal advice. Consult a licensed attorney in New Mexico for guidance. Detailed Answer When co-owners face a foreclosure hearing, selling the property beforehand can preserve equity and prevent a public trustee sale. Under New Mexico law, the public trustee handles non-judicial foreclosures per NMSA […]
Read article →What information and documents should be gathered before the decedent’s passing to streamline probate in New Mexico?
Detailed Answer Effectively preparing for probate reduces delays and costs under New Mexico law. Probate is the court-supervised process that validates a decedent’s will and distributes assets. NMSA 1978, § 45-3-101 defines the probate administration process. Gathering key documents before passing empowers your personal representative to file timely petitions and meet statutory requirements. Key Documents […]
Read article →How can beneficiaries challenge a trustee who misuses trust funds in NM?
Disclaimer: This article provides general information and does not constitute legal advice. Consult an attorney for advice specific to your situation. Detailed Answer Under New Mexico law, trustees must act in beneficiaries’ best interests. They owe duties of loyalty, prudence, and full accounting. Misusing trust funds violates these duties and gives beneficiaries legal remedies. Review […]
Read article →How to Claim Loss-of-Use or Rental Car Expenses in New Mexico When the At-Fault Driver’s Policy Limits Are Exhausted
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Always consult a qualified attorney about your specific situation. Detailed Answer 1. Understand What “Loss-of-Use” Means Loss-of-use compensates you for the value of not having your vehicle while it’s in the repair shop. In New Mexico, you must show an actual […]
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