Recovering Funeral Expenses and Pre‑Settlement Costs in New Mexico
Detailed Answer Short answer: In New Mexico you can often recover reasonable funeral expenses and other costs you paid before an estate is settled, but recovery depends on whether the probate estate is opened, whether you file a claim or get approval from the personal representative, and whether the estate has sufficient assets. To preserve […]
Read article →What steps do I need to take to re-record or update a joint survivorship deed after co-owners died? – NM
How to update or re-record title after co-owners with a joint survivorship deed die (New Mexico) Clear, practical steps you can take in New Mexico to transfer or update real-estate title after co-owners holding property as joint tenants with right of survivorship die. This is an educational guide — not legal advice. Detailed answer: steps […]
Read article →What can I do if the personal representative sends me a payment without explaining how he calculated my share of the estate? — NM
FAQ: What to do if the personal representative sends a payment without explaining how they calculated your share (New Mexico) Short answer: In New Mexico, beneficiaries and heirs have the right to an accounting and to clear explanations from the personal representative (also called an estate representative or executor). If you receive a payment without […]
Read article →What documentation is required to prove I'm the next of kin and qualify as administrator in a reopened estate? (NM)
Note: This is educational information only and is not legal advice. For advice about your specific situation contact a licensed New Mexico attorney or the probate court handling the matter. Detailed Answer — What you typically must prove to be a next of kin and qualify as administrator when reopening a closed New Mexico estate […]
Read article →How can I reopen my father's closed estate in New Mexico (NM) so I can be appointed administrator?
When a closed probate needs reopening so someone can be appointed administrator — New Mexico guidance Detailed answer — how reopening a closed New Mexico estate generally works If a probate case for your father was previously opened and then closed (the court terminated administration and issued a final decree), you can sometimes ask the […]
Read article →What steps do I need to take when the original estate administrator has died before completing the probate (NM)
What to do when the original estate administrator dies before probate is finished (New Mexico) Quick answer: If the person appointed to administer an estate dies before administration finishes, you must notify the probate court, file a petition to appoint a successor personal representative (sometimes called successor administrator or administrator ad litem), and provide the […]
Read article →How long does it usually take to get an out-of-state will approved in New Mexico probate?
FAQ: How long does it usually take to get an out-of-state will approved in New Mexico probate? Short answer: There is no fixed deadline. If the will is original, uncontested, and the estate is simple, New Mexico probate courts can often admit an out-of-state will and issue letters in a few weeks to a few […]
Read article →What happens if the survey shows the property was conveyed out of my mother’s estate decades ago and I have no interest? — NM
Detailed Answer Short answer: If a current survey and title search show the property was conveyed out of your mother’s estate decades ago and the conveyance appears valid and properly recorded, you likely no longer have a legal ownership interest in that parcel under New Mexico law. However, there are important exceptions and steps you […]
Read article →How do I get the probate court’s permission to sell the property in New Mexico when the clerk’s office won’t explain filing requirements? (NM)
Detailed Answer Disclaimer: I am not a lawyer and this is not legal advice. This article explains how the New Mexico probate process typically works and how to ask a New Mexico probate court for permission to sell estate property when the clerk’s office will not explain filing requirements. Use this information to prepare and […]
Read article →Can I recover personal items heirs removed from the house before I took possession and enforce the court’s order? (NM)
Detailed Answer Short answer: Yes — in New Mexico you can often recover personal items that heirs removed from a decedent’s house before you took legal possession, and you can ask the court to enforce its order. The path you take depends on the court order you already have (for example, an order vesting title […]
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