Leftover Sale Proceeds When Someone Dies Intestate in New Mexico
How leftover sale proceeds are handled when someone dies without a will in New Mexico Detailed answer If a person who recently sold property or otherwise had cash from a sale dies without a will (intestate) in New Mexico, any remaining sale proceeds that belonged to that person at the moment of death normally become […]
Read article →What to Do When a Proposed Administrator Is Withholding Estate Information — New Mexico
What to Do When a Proposed Administrator Is Withholding Estate Information — New Mexico Short answer: In New Mexico, a proposed or appointed administrator (personal representative) has legal duties to identify, preserve, and report estate assets. If they withhold information or fail to provide estate documents, you can demand records in writing, check the court […]
Read article →How to Challenge a Sibling’s Application for Letters of Administration in New Mexico
Can I challenge my sibling’s application for letters of administration in New Mexico? Short answer: Yes — if you are an "interested person" under New Mexico law you can formally object to a sibling’s petition for appointment as personal representative (letters of administration). The objection must be filed in the probate court where the estate […]
Read article →How to Compel a Spouse to Sell a House Under New Mexico Probate Law
Can I force a surviving spouse to sell the decedent’s house and distribute the proceeds under New Mexico law? Short answer: Possibly — but it depends on whether the house is part of the probate estate, who is the personal representative named in the will (or appointed by the court), whether the surviving spouse has […]
Read article →Recovering a Cash Bequest from a Sibling’s Estate in New Mexico: Steps to Take
Detailed Answer Short answer: If the executor of your sibling’s estate in New Mexico is refusing to pay a cash bequest, you can (1) confirm the executor’s authority, (2) request an accounting and make a written demand, and if necessary (3) ask the probate court to compel an accounting, enforce the will, surcharge or remove […]
Read article →How to File a Notice to Creditors in New Mexico
Detailed Answer — Filing a Notice to Creditors in New Mexico Short answer: In New Mexico, the personal representative (executor or administrator) of an estate must give notice to creditors so that creditors can present claims against the estate. The process generally involves preparing a proper written notice, publishing that notice in a newspaper of […]
Read article →How to Be Appointed Personal Representative in New Mexico When the Named Executor Refuses
Detailed Answer When a decedent names someone in their will to serve as personal representative (often called an executor) but that person refuses or is unable to serve, New Mexico law allows the probate court to appoint another qualified person. You do not automatically become the personal representative just because the named person declines. Instead, […]
Read article →New Mexico: Inherited House Outside Probate — Can You Make Mortgage Payments to Prevent Foreclosure?
When an Inherited House Passes Outside Probate in New Mexico — What That Means and Whether You Can Make Mortgage Payments to Avoid Foreclosure Disclaimer This article is for educational purposes only and is not legal advice. I am not a lawyer. If you need advice about a specific situation, consult a licensed New Mexico […]
Read article →Challenging a Sibling's Use of a Deceased Parent's Bank Account in New Mexico
Detailed Answer This page explains what you can do in New Mexico if someone is using a deceased parent's bank account to pay living expenses or a mortgage before a court has appointed a personal representative (administrator or executor). This is an explanation of common legal steps and rules under New Mexico law, not legal […]
Read article →Recovering Sentimental Items from a Sibling During Probate in New Mexico
How to recover personal or sentimental items from a sibling while an estate is open in New Mexico Short answer: You can often force the return of sentimental personal property taken or withheld by a sibling during probate, but the route depends on who currently controls the estate, whether a personal representative (executor/administrator) is appointed, […]
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