Peralta Wills & Probate Lawyer, New Mexico, page 2

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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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2. Email
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Includes: Estate Administration, Living Wills, Wills

Kevin D. Hammar

Estate, Real Estate, Wills & Probate, Trusts

Status: In Good Standing

CONTACT

1212 Pennsylvania Street NE, Albuquerque, NM 87110

Thomas H. Toevs

Corporate, Commercial Real Estate, Wills, Business & Trade

Status: In Good Standing

CONTACT

Albuquerque, NM 87190

Randolph L. Hamblin

Elder Law, Commercial Real Estate, Estate, Wills

Status: In Good Standing

CONTACT

Albuquerque, NM 87190

Elisabeth Anne Millich

Commercial Real Estate, Immigration, Wills, Estate

Status: In Good Standing

CONTACT

Albuquerque, NM 87190

Richard K Barlow

Commercial Real Estate, Wills, Business & Trade, Corporate

Status: In Good Standing

CONTACT

Albuquerque, NM 87103

Richard K. Barlow

Commercial Real Estate, Wills, Business & Trade, Corporate

Status: In Good Standing

CONTACT

Albuquerque, NM 87103

James D. Mcalister

Commercial Real Estate, Federal, Estate, Wills

Status: In Good Standing

CONTACT

Albuquerque, NM 87125

Jerrald Joseph Roehl

Commercial Real Estate, Wills, Estate, Personal Injury

Status: In Good Standing

CONTACT

300 Central Ave Sw, Albuquerque, NM 87102

Larry Curtis Vernon

Corporate, Commercial Real Estate, Wills, Business & Trade

Status: In Good Standing

CONTACT

Albuquerque, NM 87181

Vickie R. Wilcox

Commercial Real Estate, Wills, Estate, Corporate

Status: In Good Standing

CONTACT

Albuquerque, NM 87197

800-923-0641

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LEGAL TERMS

DEVISEE

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

DOWER AND CURTESY

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') ... (more...)

A surviving spouse's right to receive a set portion of the deceased spouse's estate -- usually one-third to one-half. Dower (not to be confused with a 'dowry') refers to the portion to which a surviving wife is entitled, while curtesy refers to what a man may claim. Until recently, these amounts differed in a number of states. However, because discrimination on the basis of sex is now illegal in most cases, most states have abolished dower and curtesy and generally provide the same benefits regardless of sex -- and this amount is often known simply as the statutory share. Under certain circumstances, a living spouse may not be able to sell or convey property that is subject to the other spouse's dower and curtesy or statutory share rights.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

ACCUMULATION TRUST

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nic... (more...)

A trust in which the income is retained and not paid out to beneficiaries until certain conditions are met. For example, if Uncle Pierre creates a trust for Nick's benefit but stipulates that Nick will not get a penny until he gets a Ph.D. in French; Nick is the beneficiary of an accumulation trust.

CONTINGENT BENEFICIARY

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisf... (more...)

1) An alternate beneficiary named in a will, trust or other document. 2) Any person entitled to property under a will if one or more prior conditions are satisfied. For example, if Fred is entitled to take property under a will only if he's married at the time of the will maker's death, Fred is a contingent beneficiary. Similarly, if Ellen is named to receive a house only in the event her mother, who has been named to live in the house, moves out of it, Ellen is a contingent beneficiary.

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.

PROVING A WILL

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily sat... (more...)

Convincing a probate court that a document is truly the deceased person's will. Usually this is a simple formality that the executor or administrator easily satisfies by showing that the will was signed and dated by the deceased person in front of two or more witnesses. When the will is holographic -- that is, completely handwritten by the deceased and not witnessed, it is still valid in many states if the executor can produce relatives and friends to testify that the handwriting is that of the deceased.

SURVIVING SPOUSE'S TRUST

If a couple has created an AB trust, the revocable living trust (Trust B) of the surviving spouse, after the first spouse has died.

ABATEMENT

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other exp... (more...)

A reduction. After a death, abatement occurs if the deceased person didn't leave enough property to fulfill all the bequests made in the will and meet other expenses. Gifts left in the will are cut back in order to pay taxes, satisfy debts or take care of other gifts that are given priority under law or by the will itself.

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, page 2

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Kevin D. Hammar

Thomas H. Toevs

Randolph L. Hamblin

Elisabeth Anne Millich

Richard K Barlow

Richard K. Barlow

James D. Mcalister

Jerrald Joseph Roehl

Larry Curtis Vernon

Vickie R. Wilcox

TIPS

LEGAL TERMS

DEVISEE

DOWER AND CURTESY

BEQUEATH

ACCUMULATION TRUST

CONTINGENT BENEFICIARY

AB TRUST

PROVING A WILL

SURVIVING SPOUSE'S TRUST

ABATEMENT

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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