Peralta Wills & Probate Lawyer, New Mexico

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Includes: Estate Administration, Living Wills, Wills

Dathan L. Weems Lawyer

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)

Simon A. Kubiak Lawyer

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

Gregory W. MacKenzie Lawyer

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)

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate
Status:  In Good Standing           

Allen R. Smith

Real Estate, Personal Injury, Trusts, Wills & Probate
Status:  In Good Standing           

Michael A. Aronoff

Wills, Estate Planning, Estate, Family Law
Status:  Inactive           Licensed:  50 Years

Amavalise F. Jaramillo

Criminal, Accident & Injury, Wills & Probate
Status:  In Good Standing           

Lillian G. Apodaca

Wills & Probate, Discrimination
Status:  In Good Standing           

David Ray Rosales

Estate, Wills & Probate
Licensed:  30 Years

FREE CONSULTATION 

CONTACT

Arnold W. Melbihess

Commercial Real Estate, Landlord-Tenant, Wills, Estate
Status:  In Good Standing           

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LEGAL TERMS

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.

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.

SECONDARY MEANING

In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use ... (more...)
In trademark law, a mark that is not inherently distinctive becomes protected after developing a 'secondary meaning': great public recognition through long use and exposure in the marketplace. For example, though first names are not generally considered inherently distinctive, Ben & Jerry's Ice Cream has become so well known that it is now entitled to maximum trademark protection.

TRUSTEE POWERS

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

HEIR APPARENT

One who expects to be receive property from the estate of a family member, as long as she outlives that person.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

RESIDUARY BENEFICIARY

A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leav... (more...)
A person who receives any property by a will or trust that is not specifically left to another designated beneficiary. For example, if Antonio makes a will leaving his home to Edwina and the remainder of his property to Elmo, then Elmo is the residuary beneficiary.

CURATOR

See conservator.

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. ...