Cedar Crest Wills & Probate Lawyer, New Mexico

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Cristy J. Carbon-Gaul
About | Practice Areas
Law Office of Cristy J. Carbon-Gaul
10515 4th St NW Albuquerque, NM 87114» view map
Estate Law
Experience. Commitment. Results

Cristy Carbón-Gaul focuses her practice on probate and estate planning to help her clients protect their assets and provide for the future.

800-906-8861
1. Cristy J. Carbon-Gaul Albuquerque, NM
  Attorney at Law- NM
  Creighton University School of Law, J.D. 1997
2. AboutLaw Office of Cristy J. Carbon-Gaul
  Experience. Commitment. Results
3. Practice AreasExpertise
  Estate
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Includes: Estate Administration, Living Wills, Wills

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

8205 Spain Rd NE, Albuquerque, NM 87109

Traci J. Wolf

Wills, Family Law, Corporate, Franchising, Personal Injury

Status: In Good Standing

CONTACT

1200 Pennsylvania St Ne, Albuquerque, NM 87110

Melody F. Everett

Corporate, Commercial Real Estate, Wills, Business & Trade

Status: In Good Standing

CONTACT

13170-B Central Ave Se, Albuquerque, NM 87123

Roger E. Yarbro

Business & Trade, Commercial Real Estate, Wills

Status: In Good Standing

CONTACT

12231 Academy Rd Ne, Albuquerque, NM 87111

Roger E. Yarbro

Business & Trade, Commercial Real Estate, Wills

Status: In Good Standing

CONTACT

12231 Academy Rd Ne, Albuquerque, NM 87111

Roger A. Stansbury

Divorce & Family Law, Estate, Real Estate, Wills & Probate

Status: In Good Standing

CONTACT

11927 Menaul Boulevard NE, Albuquerque, NM 87112

Shavon Mere Ayala

Commercial Real Estate, Wills, Business & Trade, Corporate

Status: In Good Standing

CONTACT

4830 Juan Tabo Blvd Ne, Albuquerque, NM 87111

Larry M. Reecer

Gift Taxation, Wills, Corporate, Estate Planning

Status: In Good Standing

CONTACT

4830 Juan Tabo Blvd Ne, Albuquerque, NM 87111

Matthew A. Danner

Corporate, Commercial Real Estate, Wills, Business & Trade

Status: In Good Standing

CONTACT

4830 Juan Tabo Blvd Ne, Albuquerque, NM 87111

Donald E. Swaim

Wills, Gift Taxation, Estate Planning, Business & Trade

Status: In Good Standing

CONTACT

4830 Juan Tabo Blvd Ne, Albuquerque, NM 87111

800-923-0641

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LEGAL TERMS

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

CREDIT SHELTER TRUST

See AB trust.

FAILURE OF ISSUE

A situation in which a person dies without children who could have inherited her property.

TRUST DEED

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to... (more...)

The most common method of financing real estate purchases in California (most other states use mortgages). The trust deed transfers the title to the property to a trustee -- often a title company -- who holds it as security for a loan. When the loan is paid off, the title is transferred to the borrower. The trustee will not become involved in the arrangement unless the borrower defaults on the loan. At that point, the trustee can sell the property and pay the lender from the proceeds.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

AB TRUST

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of... (more...)

A trust that allows couples to reduce or avoid estate taxes. Each spouse puts his or her property in an AB trust. When the first spouse dies, his or her half of the property goes to the beneficiaries named in the trust -- commonly, the grown children of the couple -- with the crucial condition that the surviving spouse has the right to use the property for life and is entitled to any income it generates. The surviving spouse may even be allowed to spend principal in certain circumstances. When the surviving spouse dies, the property passes to the trust beneficiaries. It is not considered part of the second spouse's estate for estate tax purposes. Using this kind of trust keeps the second spouse's taxable estate half the size it would be if the property were left directly to the spouse. This type of trust is also known as a bypass or credit shelter trust.

DEED OF TRUST

See trust deed.

SAMPLE LEGAL CASES

Karpien v. Karpien

... 4-20 (1993) is controlling, that marital property and debt covered by Section 40-4-20 is divided and distributed according to New Mexico domestic relations law, that debt incurred after the death of the decedent spouse is separate debt to be dealt with through probate, and that ...

Oldham v. Oldham

... {1} This case requires us to interpret and harmonize potentially conflicting provisions within our domestic relations, probate, and trust ... {6} After Husband's death, Son filed an application in the probate court for informal appointment as personal representative of Husband's estate. ...

Oldham v. Oldham

... Accordingly, we reverse and remand for the appointment of someone other than Wife as a substitute personal representative or administrator to complete the pending divorce proceedings pursuant to Section 40-4-20(B) before continuing the probate proceedings. ...

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Cedar Crest Wills & Probate Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Sylvain Segal

Traci J. Wolf

Melody F. Everett

Roger E. Yarbro

Roger E. Yarbro

Roger A. Stansbury

Shavon Mere Ayala

Larry M. Reecer

Matthew A. Danner

Donald E. Swaim

TIPS

LEGAL TERMS

INHERITANCE TAXES

PRETERMITTED HEIR

CREDIT SHELTER TRUST

FAILURE OF ISSUE

TRUST DEED

LAPSE

PER STIRPES

AB TRUST

DEED OF TRUST

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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