Using a Small‑Estate Affidavit in New Mexico: Can You Avoid Formal Probate?
Detailed Answer — Can you use a small‑estate affidavit in New Mexico instead of formal probate? Short answer: Possibly — but it depends on the type and value of the decedent’s assets, whether the decedent died with or without a will, and whether particular creditors or heirs contest the transfer. New Mexico offers simplified methods […]
Read article →New Mexico: What Happens If Mediation Fails in a Partition or Probate Dispute?
Detailed Answer Short answer: No — if mediation does not produce a settlement, you are not forced to accept anything. You (or the other party) can proceed to court to resolve the partition or probate dispute. Mediation is a voluntary step to try to avoid trial, not a substitute for the court process. However, mediation […]
Read article →How to Open Probate in New Mexico When You Live Out of State
Opening Probate in New Mexico as an Out-of-State Family Member — FAQ-style Guide Short answer: You can open probate in New Mexico even if you live out of state. You will usually file a petition in the New Mexico district court in the county where the decedent lived or owned property, provide proof of death […]
Read article →Settling a Parent’s Estate in New Mexico and Handling Out‑of‑State Property
How to settle an estate in New Mexico and manage property located in another state Disclaimer: I am not a lawyer. This article explains common steps under New Mexico law to help you decide whether to hire an attorney. It is general information and not legal advice. Detailed answer — step‑by‑step guide under New Mexico […]
Read article →How to Transfer Property to a Child After a Spouse's Death — New Mexico
Step-by-step guidance for transferring real property to a child after a spouse dies — New Mexico Disclaimer: This is general information, not legal advice. I am not a lawyer. Laws change and every situation is different. Consult a licensed New Mexico attorney or your county clerk for advice tailored to your facts. Detailed Answer When […]
Read article →Do I Need a TOD Deed or POD Designation When My Will Leaves Everything to My Daughter? — New Mexico
Quick answer No. A will controls only property that passes through probate. Transfer-on-death (TOD) deeds, payable-on-death (POD) designations, beneficiary forms for retirement accounts and life insurance, and jointly held property generally pass outside probate and follow the beneficiary or title. If you want your daughter to receive items without probate, you may need TOD or […]
Read article →Can a co‑heir be required to reimburse appraisal costs before an estate buyout? — New Mexico
Can a co‑heir be required to reimburse appraisal costs before an estate buyout? — New Mexico Detailed answer Short answer: Usually no—unless you have an agreement, the personal representative (executor/administrator) or a court orders it. In New Mexico, one heir generally cannot unilaterally force another heir to reimburse appraisal costs before finishing a buyout unless […]
Read article →Transferring a Deceased Parent’s House to Children in New Mexico
What to do when a parent dies without a will: transferring a house to children in New Mexico Detailed answer If your parent died without a will (intestate) in New Mexico and the house was titled only in your parent’s name, you will normally need to use the New Mexico probate process or a small‑estate […]
Read article →Taking Over a Deceased Parent's Mortgage in New Mexico: Steps, Probate, and Lender Options
Detailed Answer When a homeowner dies in New Mexico, ownership of the house and responsibility for the mortgage are separate issues. The estate (or a surviving owner) holds title to the property. The mortgage lender holds a lien on the property and can enforce the loan if payments stop. To “take over” the mortgage you […]
Read article →Proving Paternity for Inheritance in New Mexico: What to Do When Dad's Name Is Not on Your Birth Certificate
Detailed Answer: How to prove you are your father’s child for inheritance in New Mexico Short answer: If your father’s name is not on your birth certificate, you can still establish that you are his child for inheritance purposes. In New Mexico you can establish paternity (parentage) by DNA testing, a court order in a […]
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