How to File a Motion to Claim Surplus Funds After a Foreclosure in New Mexico
How to Ask a New Mexico Court to Determine Who Gets Surplus Funds After a Foreclosure Disclaimer: I am not a lawyer. This article provides general information about New Mexico practice. It is not legal advice. For advice about your specific situation, speak with a licensed New Mexico attorney. Short answer After a foreclosure sale, […]
Read article →New Mexico: Documenting a Repossessed Vehicle When Settling a Loved One’s Estate
Detailed Answer: Documenting a Repossessed Vehicle in New Mexico Short answer: As the personal representative (or other estate representative) you must locate and preserve every document about the repossession, add the vehicle and creditor claim to the estate inventory, obtain proof of the lender’s lien and repossession sale or disposition, report the claim to the […]
Read article →Right of Survivorship and Surplus Funds in New Mexico: Can You Claim a Larger Share?
Understanding Right of Survivorship and Claims to Surplus Funds in New Mexico Short answer: Possibly — if the deed clearly created a right of survivorship and title passed to you before distribution of surplus funds, you may be entitled to the share that belonged to the decedent. Whether you can get a larger share depends […]
Read article →How to Claim Surplus Funds After a Tax Foreclosure Sale in New Mexico
How to Claim Surplus Funds After a Tax Foreclosure Sale in New Mexico Quick overview: If a county tax foreclosure sale on your mother’s house produced money left over after paying the delinquent taxes and sale costs, those leftover funds (often called "surplus," "overage," or "excess proceeds") generally belong to the former owner or to […]
Read article →Transferring a Deceased Parent’s Car Title in New Mexico: Small‑Estate Transfers and Missing Titles
How to transfer a deceased parent’s car title to the surviving spouse in New Mexico when the original title is missing Disclaimer: I am not a lawyer. This article is educational only and is not legal advice. For advice tailored to your situation, consult a licensed attorney or contact the New Mexico Motor Vehicle Division […]
Read article →How to Challenge a Petition for Possession and Control of Estate Property — New Mexico
Disclaimer: This information is educational only and is not legal advice. Laws change and every case depends on its facts. Consult a licensed New Mexico attorney to get advice for your situation. Overview of the Process in New Mexico When someone files a petition asking the probate court for possession and control of estate property, […]
Read article →Contesting an Approved Estate Accounting in New Mexico: Steps and Options
How to contest an approved estate accounting more than a year later in New Mexico Short answer: It is harder to challenge an estate accounting after a long delay, but you may still have options in New Mexico if you can show fraud, mistake, newly discovered evidence, lack of jurisdiction, or other extraordinary circumstances. The […]
Read article →Challenging a Final Probate Accounting in New Mexico When You Weren't Notified
What to do if you did not get notice of a final accounting in a New Mexico probate Short answer If you are an heir, beneficiary, or other interested person in a New Mexico probate and you did not receive notice of a final accounting, you can ask the probate court to reopen or set […]
Read article →Clearing Creditor Claims Before Selling a Parent's Estate Home in New Mexico
Detailed Answer When you plan to sell a parent’s home that is part of their estate in New Mexico, you must address creditor claims so the buyer receives clear title and you avoid personal liability. Clearing creditor claims usually means: (1) identifying whether probate or another transfer process is required, (2) giving required notices to […]
Read article →Retitling a Parent’s Car After Death in New Mexico
What steps do I need to retitle a car in my parent’s estate? Short answer: In New Mexico you usually retitle a deceased parent’s vehicle either by using a transfer-on-death or joint-owner designation on the title (if one exists), by using a small‑estate affidavit or heirship affidavit when permitted, or by having the personal representative […]
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