New Mexico — What Happens If a Creditor Files a Claim After the 90‑Day Notice Period?
What happens if a creditor files a claim after the 90‑day notice period under New Mexico law? Short answer: A claim filed after the 90‑day notice period is generally barred, but the probate court can allow a late claim in limited circumstances (for example, if the creditor did not receive proper notice or shows excusable […]
Read article →How to Claim Your Share of a Parent’s Estate in New Mexico When There Is No Will
Steps to claim your share of a parent’s estate in New Mexico when there is no will Disclaimer: This is general information, not legal advice. For advice about your specific situation, consult a licensed New Mexico attorney. Detailed answer — what happens and what you must do When someone dies without a valid will (called […]
Read article →Surviving Spouse Rights in New Mexico When a Spouse Dies Intestate
What rights does a surviving spouse have in New Mexico when a spouse dies without a will? Disclaimer: This information is educational only and is not legal advice. For advice about your particular situation, contact a licensed New Mexico attorney. Detailed answer — your core rights and the steps you can take When a spouse […]
Read article →New Mexico — How a Surviving Spouse Gets Appointed Estate Administrator When the Family Won’t Cooperate
If your spouse died without a will in New Mexico and the decedent’s relatives are not cooperating, you still can seek court appointment to manage the estate. This guide explains the typical steps, what the court looks for, and practical tips to improve your chances. Detailed Answer — How appointment of a personal representative works […]
Read article →Recovering Surplus Foreclosure Funds in New Mexico
Detailed Answer Short answer: In New Mexico, surplus (excess) funds from a foreclosure sale belong to the former owner (or the owner’s estate/ heirs). If your parent died and no probate was opened, you typically must show legal authority to collect the surplus — by opening probate or using a permitted small‑estate or heirship procedure […]
Read article →Transferring an Inherited Single‑Member LLC Interest in New Mexico
How to handle an inherited membership interest in a single‑member LLC under New Mexico law Detailed Answer Short answer: When the sole member of a New Mexico single‑member LLC dies, the decedent’s membership interest becomes part of the decedent’s estate and is handled through probate (or small‑estate procedures). Whether the heir or devisee immediately becomes […]
Read article →New Mexico — What Secretary of State Paperwork Proves a Family Member Was the Sole Member of an LLC
Documents from the New Mexico Secretary of State and related records you’ll need to show a bank Detailed Answer When you need to show a bank that a deceased or incapacitated family member was the sole member (owner) of a New Mexico limited liability company (LLC), the bank will generally want documents that (1) prove […]
Read article →Requesting an Accounting in New Mexico Probate: Your Rights and How to Ask the Court
Can I ask the court to demand an accounting of all the estate assets and transactions during probate? Short answer: Yes. In New Mexico, beneficiaries and other interested persons can ask the probate court to require the personal representative (executor or administrator) to provide an accounting of estate assets, receipts, expenses and distributions. If the […]
Read article →Qualifying as an Administrator of a Sibling’s Intestate Estate in New Mexico
Detailed Answer When a person dies without a will (intestate) in New Mexico, the probate court appoints a personal representative (often called an administrator) to collect the decedent’s assets, pay debts, and distribute what remains to the heirs under state law. This section explains, in plain language, how a sibling can qualify to be appointed […]
Read article →New Mexico: Can an estranged spouse claim from an estate if the divorce was not finalized?
Short answer and overview Short answer Yes. If a divorce was not finalized before a person died, the person who is still legally married at the time of death is generally treated as the surviving spouse for purposes of New Mexico probate and intestate succession. That means the estranged spouse can typically make claims against […]
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