Probate in New Mexico | NM Legal Resources | FastCounsel

Where Sale Proceeds From a Deceased Owner’s Home Go — New Mexico

What to do to determine who gets the sale proceeds from a deceased owner’s home Detailed Answer — How sale proceeds are handled in New Mexico If a home owned by your father is sold after his death, the sale proceeds can go to different places depending on how title was held and whether the […]

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How a Prenuptial Agreement Can Affect Life Estate and Inheritance in New Mexico

Short Answer Yes. A valid prenuptial (premarital) agreement can change how property is treated between spouses and can limit a surviving spouse’s claims against a decedent’s estate in New Mexico. If a prenuptial agreement properly waived the spouse’s inheritance or other spousal rights, those waivers can reduce or eliminate what the surviving spouse receives (including […]

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How to Verify an Executor’s Calculation of Your Share After a Sibling’s House Sale — New Mexico

How to verify an executor’s math on your share of a sibling’s house sale Clear, practical steps to confirm the executor calculated your percentage share correctly under New Mexico probate rules. Not legal advice; this is educational information only. Detailed answer — what to check and how to calculate your share When a decedent’s house […]

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New Mexico: Selling a Deceased Parent’s House During Probate When a Mortgage Remains

Can a personal representative sell a decedent’s house during probate if a mortgage remains? Short answer: Possibly — but only with the proper authority, lender cooperation, and a clear plan to pay or assume the mortgage. The court, the mortgage holder, and New Mexico probate rules determine what steps are required. Detailed Answer — How […]

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Selling a Deceased Parent’s House in New Mexico: Must You Publish a 3‑Month Notice to Creditors?

Detailed Answer This article explains how New Mexico handles small estate procedures and creditor notice, and whether you must publish a three‑month notice to creditors before selling a decedent’s house. This is general information, not legal advice. For decisions about selling real property, speak with a New Mexico probate attorney or title company. Does the […]

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Proving the Value of a Deceased Parent’s Vehicles in New Mexico Probate

How to Prove the Value of a Deceased Parent’s Vehicles During Probate in New Mexico Disclaimer: This is educational information only and not legal advice. Consult a New Mexico probate attorney for guidance about your specific situation. Detailed answer — what you must do and why When you administer an estate in New Mexico, the […]

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How to Prove the Value of Your Mother’s Vehicles in Probate — New Mexico Guide

How to Prove the Value of Vehicles When Handling a New Mexico Probate Short answer: As personal representative (executor) you must identify the vehicles, compile documentation of their condition and ownership, produce objective market evidence of value (written appraisals or reputable pricing guides and comparable sales), include that information with the estate inventory the court […]

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New Mexico: How to Get Appointed as a Limited Personal Representative in a Small-Estates Matter

Steps to Get Appointed as a Limited Personal Representative in a New Mexico Small‑Estates Matter Detailed Answer — Overview and Step‑by‑Step Process This article explains the typical steps under New Mexico law for getting appointed as a limited personal representative in a small‑estate procedure so you can run notice to creditors and sell real property. […]

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New Mexico: What Happens to an LLC Member’s Interest if the Operating Agreement Is Silent?

Detailed Answer Short answer: If an LLC’s operating agreement does not say what happens to a member’s ownership when that member dies, New Mexico law and the LLC’s governing documents will control. In most cases the decedent’s estate or heirs inherit the economic rights (distributions), but they usually do not automatically inherit the management or […]

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How to Prove a Zero Balance and Close a Spouse's Estate in New Mexico

How to Prove a Zero Balance and Close a Spouse's Estate in New Mexico Disclaimer: This is general information and not legal advice. I am not a lawyer. For advice specific to your situation, consult a New Mexico probate attorney or the court. Detailed answer: step‑by‑step process under New Mexico law The broad goal when […]

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