How Can I Request an Extension for Filing a Final Accounting in Probate in New Mexico
Detailed Answer Understanding Final Accounting Deadlines in New Mexico Probate In New Mexico, a personal representative must present a final accounting of estate assets, expenses, and distributions to the probate court before being discharged. Although the Probate Code does not set a strict deadline for final accounting, the court’s order appointing the representative or local […]
Read article →Do I Need to Open an Estate to Pursue a Wrongful Death Claim After a Car Accident in NM?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under New Mexico law, only the decedent’s personal representative may bring a wrongful death action. The New Mexico Wrongful Death Act (NMSA 1978, Section 41-2-1) grants certain survivors the right to recover damages when a person dies due to […]
Read article →How to Apply for Letters of Administration in New Mexico and Required AOC Forms
Detailed Answer In New Mexico, letters of administration grant legal authority to a personal representative when a person dies without a valid will (intestate). You apply in the district court of the county where the decedent resided or owned real property. The process follows the New Mexico Uniform Probate Code: Determine Eligibility: The estate qualifies […]
Read article →How do I distribute wrongful death proceeds to rightful heirs in New Mexico?
Disclaimer: This article provides general information on New Mexico law. It is not legal advice. You should consult a qualified attorney regarding your specific situation. Detailed Answer Overview of the New Mexico Wrongful Death Act Under the New Mexico Wrongful Death Act (NMSA 1978, §§ 41-2-1 to 41-2-4), a personal representative may sue for death […]
Read article →How to Obtain and Review Documentation of a Medicaid Claim Against an Inherited Estate in New Mexico
Detailed Answer Under New Mexico law, the Human Services Department (HSD) may file a claim against a decedent’s estate to recover Medicaid benefits paid for long-term care. The recovery authority stems from NMSA 1978, § 27-2-10 (Medicaid Estate Recovery). To obtain and review the documentation of such a claim, follow these steps: Locate the Probate […]
Read article →How to Obtain and Review Corporate Formation Documents and Bylaws Affecting a Decedent’s Business Interest in NM
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Detailed Answer When a business owner dies, a personal representative or executor often needs access to the corporation’s foundational records—namely, its Articles of Incorporation, amendments and bylaws. In New Mexico, you can obtain and review these documents through the Secretary of […]
Read article →What is the process for petitioning a court to remove a personal representative for mishandling estate assets in New Mexico?
Disclaimer: This article is for educational purposes only and does not constitute legal advice. Detailed Answer Under New Mexico law, an interested person may petition the probate court to remove a personal representative (also called an executor or administrator) for mishandling estate assets. The primary statute governing removal is NMSA 1978, § 45-3-709. This statute […]
Read article →How can an interested party open probate for a decedent’s estate in New Mexico?
Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult an attorney for guidance tailored to your situation. Detailed Answer Overview of Probate in New Mexico Probate is the court process that validates a decedent’s will (if one exists), appoints a personal representative, and oversees distribution of the estate. In […]
Read article →What information and duties must a personal representative provide to heirs in New Mexico?
Detailed Answer When appointed as the personal representative of an estate in New Mexico, you must keep heirs informed and fulfill specific duties under the New Mexico Uniform Probate Code. This guide outlines key obligations and the legal requirements you must follow. 1. Notice to Heirs and Beneficiaries Within 30 days of appointment, you must […]
Read article →What steps are required to file probate court documents and publish creditor notices in New Mexico?
Detailed Answer Under New Mexico law, the probate process begins when someone dies owning assets that must pass through court supervision. The Uniform Probate Code, found in NMSA 1978 Chapter 45, Article 3, sets out the requirements for filing probate court documents and notifying creditors. Step 1: File the Petition for Probate You or your […]
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