How Can Original Wills and Codicils Be Located and Verified Before Opening Probate in New Mexico?
Detailed Answer Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. 1. Search the Decedent’s Personal Records Begin by reviewing the decedent’s home office, filing cabinets, safe, and desk drawers. Look for labeled folders, binders, or lockboxes that might contain […]
Read article →How to apply for a Medicaid hardship waiver to protect inherited property from estate recovery claims in New Mexico?
Detailed Answer In New Mexico, the Human Services Department (HSD) must seek recovery from the estates of Medicaid recipients who were age 55 or older at any point while receiving services, or permanently institutionalized. This mandate comes from federal law (42 U.S.C. § 1396p(b)) and is implemented in New Mexico Administrative Code (NMAC) Title 8, […]
Read article →How can someone request an amendment to a police report that contains incorrect details in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney for guidance on your specific situation. Detailed Answer Under New Mexico’s Inspection of Public Records Act (IPRA), NMSA 1978, § 14-2-1 et seq., you have the right to request amendments to public records—including police reports—that contain inaccurate, […]
Read article →What information and documentation are required to verify all individuals with an interest in real property in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a qualified attorney to address your specific situation. Understanding Verification Requirements in New Mexico When verifying individuals with an interest in real property in New Mexico, county clerks, title agents, and attorneys require documentation to confirm identity, capacity, and signing […]
Read article →How can an interested party determine if surplus funds remain after a foreclosure sale in NM?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a licensed attorney in New Mexico for guidance on your specific situation. Detailed Answer After a New Mexico foreclosure sale, the sale proceeds first pay costs and the secured lender’s judgment. Any remaining balance—called surplus funds—belongs to the former property […]
Read article →What Steps Are Required to File a Petition Claiming Surplus Funds from a Foreclosure Proceeding in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer When a foreclosure sale produces more funds than needed to cover the debt, New Mexico law requires the court to hold the surplus pending claims from interested parties. Under NMSA 1978, Section 48-10-12 (NMSA 48-10-12), a homeowner, junior lienholder […]
Read article →How to Determine if Other Creditors or Lienholders Could Have Claims to Surplus Funds in New Mexico
Detailed Answer When a property sells at a New Mexico trustee sale for more than the outstanding debt, the excess proceeds—called surplus funds—go into court and await distribution. The original owner (the trustor) has the first claim. However, other creditors or lienholders may step forward to claim part or all of the surplus. To determine […]
Read article →What Options Exist for Establishing Authority Over an Elderly Heir’s Personal and Financial Decisions in New Mexico (NM)?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult a qualified attorney for advice specific to your situation. Detailed Answer When an elderly heir begins to lose mental or physical capacity, family members often need legal tools to assist with personal care, healthcare choices, and financial management. In New […]
Read article →What Options Exist for Arranging Transportation in New Mexico If Rental Coverage Ends After a Crash?
Detailed Answer After a crash, rental reimbursement coverage under your insurance policy often expires once you reach the policy-specified day limit or dollar maximum. Under New Mexico law, you still have several paths to arrange transportation while your vehicle is in the shop or awaiting settlement. Each option carries its own requirements and deadlines. 1. […]
Read article →How to Verify and Probate an Old Will Discovered Decades After Execution in NM
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Consult a licensed New Mexico attorney for advice specific to your situation. Detailed Answer 1. Confirm Valid Execution Under New Mexico law, a will must be in writing, signed by the testator and two competent witnesses. Even if the will is […]
Read article →