New Mexico — Enforcing or Disputing an Oral Agreement on Wrongful Death Proceeds
Detailed Answer This article explains how a person in New Mexico can enforce or dispute an oral agreement about dividing proceeds from a wrongful death recovery. It assumes no prior legal knowledge and uses a simple, step-by-step approach. This is general information only and not legal advice—see the disclaimer at the end for more. Who […]
Read article →New Mexico: Do administrators have to post a bond in intestate probate?
When someone dies without a will in New Mexico: what to know about bonds for the personal representative Detailed Answer When a person dies intestate (without a valid will) in New Mexico, the court appoints a personal representative (often called an "administrator") to collect assets, pay debts, and distribute property to heirs. One common procedural […]
Read article →Applying to Serve as Administrator of a Parent’s Intestate Estate in New Mexico
Serving as an Administrator for a Parent Who Died Intestate — New Mexico FAQ Disclaimer: This is general information only and not legal advice. Laws and procedures change. For decisions about your situation, consult a licensed New Mexico attorney or the probate clerk in the district court where the decedent lived. Detailed answer — How […]
Read article →Selling an Estate House When a Co‑Administrator Refuses to Sign — New Mexico
What to do when a co-administrator refuses to sign to sell estate real property and the estate faces foreclosure Disclaimer: I am not a lawyer. This article explains general information about New Mexico probate and foreclosure options and is not legal advice. For decisions that affect your rights, consult a licensed New Mexico attorney. Detailed […]
Read article →Getting Court Approval to Release Estate Funds in New Mexico
Detailed Answer Short answer: When beneficiaries or claimants disagree about how estate funds should be split, you generally must ask the probate court to decide or authorize a temporary or partial distribution. In New Mexico that means filing a written petition in the probate case, giving required notice to interested persons, and asking the judge […]
Read article →How leftover sale proceeds of a parent’s home are distributed under New Mexico law
Detailed Answer Short answer: Usually, yes — if the house was part of your father’s probate estate, the money left after selling the house and paying valid debts and expenses becomes part of the estate’s residue and is distributed according to your father’s will. However, several common exceptions can remove the house (or part of […]
Read article →New Mexico: Reimbursing Yourself from an Estate for a Decedent’s Vehicle Lien
Can I reimburse myself from the estate for the money I paid from my own funds toward the decedent's vehicle lien? Short answer: Possibly — but it depends on your role, why you paid the lien, whether the payment was necessary to preserve estate property, and whether you followed the proper probate procedures. If you […]
Read article →Distributing Estate Funds to Children in New Mexico: Probate Steps and What to Expect
How distributions to children are handled after an estate’s debts, taxes, and expenses are paid (New Mexico) Short answer After an estate’s taxes, creditor claims, administrative expenses, and court costs are paid, the personal representative (sometimes called the executor or administrator) asks the probate court to approve a final accounting and an order of distribution. […]
Read article →New Mexico: Do I Need to Post a Bond to Serve as Administrator of an Intestate Estate?
Do I need to post a bond to serve as administrator of an intestate estate in New Mexico? Short answer: Usually yes — New Mexico law generally requires a personal representative (administrator) to give a bond before acting, but the court can set the amount, accept a surety company, reduce or waive the bond in […]
Read article →New Mexico — Factors the Court Considers When Appointing an Estate Administrator
How New Mexico Courts Decide Who Becomes an Estate Administrator This FAQ-style article explains the main factors a New Mexico court will consider when appointing an estate administrator (personal representative). It summarizes relevant law, typical practical concerns, and steps someone can take to improve their prospects. This is educational information only and not legal advice. […]
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