Clovis Trusts 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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Michael T. Garrett

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Accident & Injury, Criminal, Divorce & Family Law, Estate, Immigration

I am a trial lawyer whose practice focuses on general litigation and appeals arising from wrongful death, medical malpractice, catastrophic injuries, ... (more)

CONTACT

800-690-8250

920 N Main St, Clovis, NM 88101

R. Max Best

Commercial Real Estate, Wills, Elder Law, Business & Trade

Status: In Good Standing

CONTACT

908 Colonial Pkwy, Clovis, NM 88101

R. Max Best

Commercial Real Estate, Wills, Elder Law, Business & Trade

Status: In Good Standing

CONTACT

908 Colonial Pkwy, Clovis, NM 88101

Edwin B. Tatum

Real Estate, Estate, Criminal, Accident & Injury

Status: In Good Standing

CONTACT

921 East 21St Street, Clovis, NM 88101

Edwin B. Tatum

Commercial Real Estate, Wills, Elder Law, Business & Trade

Status: In Good Standing

CONTACT

Clovis, NM 88102

Kathleen M. Haynes Burns

Trusts, Gift Taxation, Estate, Business

Status: In Good Standing

CONTACT

501 Commerce Way, Clovis, NM 88101

R Best

Business & Trade, Corporate, Elder Law, Estate Planning

Status: In Good Standing

CONTACT

908 Colonial Pkwy, Clovis, NM 88101

James F Burns Rl Est

Corporate, Trusts, Real Estate

Status: In Good Standing

CONTACT

420 Mitchell St, Clovis, NM 88101

Robert Brack

Real Estate, Litigation, Estate Planning, Wills & Probate

Status: Inactive Licensed: 47 Years

CONTACT

217 W 4Th St, Clovis, NM 88101

Sandra E. Gallagher

Family Law, Juvenile Law, Commercial Real Estate, Wills

Status: In Good Standing

CONTACT

209 S Main St, Portales, NM 88130

800-923-0641

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LEGAL TERMS

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

SUMMARY PROBATE

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are ... (more...)

A relatively simple probate proceeding available for 'small estates,' as that term is defined by state law. Every state's definition is different, and many are complicated, but a few examples include estates worth up to $100,000 in California; New York estates where property, excluding real estate and amounts that must be set aside for surviving family members, is worth $20,000 or less; and Texas estates where the value of property doesn't exceed what is needed to pay a family allowance and certain creditors.

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to o... (more...)

A federal law passed to protect pension rights. ERISA: sets minimum standards for pension plans, guaranteeing that pension rights cannot be unfairly denied to or taken from a worker provides some protection for workers in the event certain types of pension plans cannot pay the benefits to which workers are entitled, and requires that employers provide full and clear information about employees' pension rights, including the way pension benefits accumulate, how the company invests pension funds, and when and how pension benefits can be collected.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

RESIDUARY ESTATE

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court c... (more...)

The property that remains in a deceased person's estate after all specific gifts are made, and all debts, taxes, administrative fees, probate costs, and court costs are paid. The residuary estate also includes any gifts under a will that fail or lapse. For example, Connie's will leaves her house and all its furnishings to Andrew, her VW bug to her friend Carl, and the remainder of her property (the residuary estate) to her sister Sara. She doesn't name any alternate beneficiaries. Carl dies before Connie. The VW bug becomes part of the residuary estate and passes to Sara, along with all of Connie's property other than the house and furnishings. Also called the residual estate or residue.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

SAMPLE LEGAL CASES

In the Matter of Stein

... Upon the filing of the petition, the court appointed Richard Reidy as guardian ad litem for Bruce. {4} At the time of the filing of the petition in the guardianship case, there were two trusts in existence that were created by Bruce. ...

IN RE CABLE FAMILY TRUST JUNE 10, 1987

... Grantors reserve the right at any time or times to amend or revoke this instrument and the trusts hereunder, in whole or in part, by an instrument or instruments in writing, signed by Grantors and delivered in Grantors' lifetimes to Trustee; provided, however, that no such alteration ...

Mintz v. Zoernig

... While the original stipulated order states that Mother "has had substantial income and the children have trusts set up for their financial needs," no supporting data detailing her income was entered into the record at that time. ...

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Clovis Trusts Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Michael T. Garrett

R. Max Best

R. Max Best

Edwin B. Tatum

Edwin B. Tatum

Kathleen M. Haynes Burns

R Best

James F Burns Rl Est

Robert Brack

Sandra E. Gallagher

TIPS

LEGAL TERMS

GROSS ESTATE

SUMMARY PROBATE

EMPLOYEE RETIREMENT INCOME SECURITY ACT OF 1974 (ERISA)

STATUTORY SHARE

RULE AGAINST PERPETUITIES

INTESTATE SUCCESSION

RESIDUARY ESTATE

ALTERNATE BENEFICIARY

ESTATE TAXES

SAMPLE LEGAL CASES

In the Matter of Stein

IN RE CABLE FAMILY TRUST JUNE 10, 1987

Mintz v. Zoernig

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