Peralta 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

Dathan L. Weems

✓ VERIFIED

Accident & Injury, Medical Malpractice, Mediation, Family Law, Wills

The Dathan Weems Law Firm, LLC is a New Mexico law firm specializing in serious injury and wrongful death cases. Additionally, we represent parties ... (more)

CONTACT

800-978-4901

108 Wellesley Drive Southeast, Albuquerque, NM 87106

Simon A. Kubiak

✓ VERIFIED

Estate, Wills & Probate, Estate Planning, Trusts

Licensed in Arizona, Nevada and New Mexico

Since 2003, Walk-In Wills has helped people in New Mexico protect their most precious assets. We understand that the estate planning process is intimi... (more)

FREE CONSULTATION

CONTACT

505-903-7000

2000 Carlisle Blvd NE, Albuquerque, NM 87110

Gregory W. MacKenzie

✓ VERIFIED

Real Estate, Estate, Wills, Wills & Probate, Estate Planning

Greg has been a partner at Hurley Toevs Styles Hamblin & Panter PA since 2008. He was formerly a partner of the trust and estate litigation firm of Po... (more)

CONTACT

800-924-8401

4155 Montgomery Blvd NE, Albuquerque, NM 87109

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

8205 Spain Rd NE, Albuquerque, NM 87109

Allen R. Smith

Real Estate, Personal Injury, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

Los Lunas, NM 87031

Michael A. Aronoff

Wills, Estate Planning, Estate, Family Law

Status: Inactive Licensed: 50 Years

CONTACT

4250 Agave Ct Sw, Los Lunas, NM 87031

Amavalise F. Jaramillo

Criminal, Accident & Injury, Wills & Probate

Status: In Good Standing

CONTACT

P.O. Box 28, Tome, NM 87060

Lillian G. Apodaca

Wills & Probate, Discrimination

Status: In Good Standing

CONTACT

2528 Lakeview Rd Sw, Albuquerque, NM 87105

David Ray Rosales

Estate, Wills & Probate

Licensed: 30 Years

FREE CONSULTATION

CONTACT

1601 Randolph Rd., SE, Albuquerque, NM 87106

Arnold W. Melbihess

Commercial Real Estate, Landlord-Tenant, Wills, Estate

Status: In Good Standing

CONTACT

3307 Santa Clara Ave Se, Albuquerque, NM 87106

800-923-0641

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LEGAL TERMS

DEVISEE

A person or entity who inherits real estate under the terms of a will.

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.

TAKING AGAINST THE WILL

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property.... (more...)

A procedure under state law that gives a surviving spouse the right to demand a certain share (usually one-third to one-half) of the deceased spouse's property. The surviving spouse can take that share instead of accepting whatever he or she inherited through the deceased spouse's will. If the surviving spouse decides to take the statutory share, it's called 'taking against the will.' Dower and curtesy is another name for the same legal process.

GENERATION-SKIPPING TRANSFER TAX

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 ... (more...)

A federal tax imposed on money placed in a generation-skipping trust. Currently, there is a $1 million exemption to the GSTT; that is, each person may leave $1 million in a generation-skipping trust free of this tax. The GSST is imposed when the middle-generation beneficiaries die and the property is transferred to the third-generation beneficiaries. Every dollar over $1 million is subject to the highest existing estate tax rate--currently 55%--at the time the GSTT tax is applied.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

MINERAL RIGHTS

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral right... (more...)

An ownership interest in the minerals contained in a particular parcel of land, with or without ownership of the surface of the land. The owner of mineral rights is usually entitled to either take the minerals from the land himself or receive a royalty from the party that actually extracts the minerals.

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.'

ABSTRACT OF TRUST

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract... (more...)

A condensed version of a living trust document, which leaves out details of what is in the trust and the identity of the beneficiaries. You can show an abstract of trust to a financial organization or other institution to prove that you have established a valid living trust, without revealing specifics that you want to keep private. In some states, this document is called a 'certification of trust.'

SUCCESSOR TRUSTEE

The person or institution who takes over the management of trust property when the original trustee has died or become incapacitated.

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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Peralta Wills & Probate Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Dathan L. Weems

Simon A. Kubiak

Gregory W. MacKenzie

Sylvain Segal

Allen R. Smith

Michael A. Aronoff

Amavalise F. Jaramillo

Lillian G. Apodaca

David Ray Rosales

Arnold W. Melbihess

TIPS

LEGAL TERMS

DEVISEE

RESIDUARY ESTATE

TAKING AGAINST THE WILL

GENERATION-SKIPPING TRANSFER TAX

TRUSTEE POWERS

MINERAL RIGHTS

PRETERMITTED HEIR

ABSTRACT OF TRUST

SUCCESSOR TRUSTEE

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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