Peralta Wills & Probate Lawyer, New Mexico, page 5

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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

Rebecca Susan Mulcahy

Commercial Real Estate, Landlord-Tenant, Wills, Family Law

Status: In Good Standing

CONTACT

1804 Lomas Blvd Nw, Albuquerque, NM 87104

Karl H. Roepke

Real Estate, Wills & Probate, Trusts, Insurance

Status: In Good Standing

CONTACT

2501 San Pedro Dr Ne, Albuquerque, NM 87110

Jon Alan Feder

Military, Wills & Probate, Family Law, Divorce & Family Law

Status: In Good Standing

CONTACT

Albuquerque, NM 87190

Willow Misty Parks

Estate, Wills, Federal

Status: In Good Standing

CONTACT

Albuquerque, NM 87125

Leslie McCarthy-Apodaca

Antitrust, Real Estate, Trusts, Wills & Probate

Status: In Good Standing Licensed: 42 Years

CONTACT

201 3rd St NW, Albuquerque, NM 87103

Sara M. Bonnell

Wills, Gift Taxation, Estate Planning, Estate

Status: In Good Standing

CONTACT

Albuquerque, NM 87103

Patricia Ann Bradley

Commercial Real Estate, Estate, Wills, Corporate

Status: In Good Standing

CONTACT

1212 Pennsylvania St Ne, Albuquerque, NM 87110

Camille P. Koehler

Commercial Real Estate, Estate, Gift Taxation, Wills

Status: In Good Standing

CONTACT

Albuquerque, NM 87125

Lawrence W. Kay

Commercial Real Estate, Wills, Estate Planning, Estate

Status: In Good Standing

CONTACT

Albuquerque, NM 87199

James E. Dory

Wills

Status: In Good Standing

CONTACT

Dory-Garduno Law Firm, LLC, Rio Rancho, NM 87174

800-923-0641

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LEGAL TERMS

PROBATE COURT

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate cour... (more...)

A specialized court or division of a state trial court that considers only cases concerning the distribution of deceased persons' estate. Called 'surrogate court' in New York and several other states, this court normally examines the authenticity of a will -- or if a person dies intestate, figures out who receives her property under state law. It then oversees a procedure to pay the deceased person's debts and to distribute her assets to the proper inheritors. See probate.

SELF-PROVING WILL

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-prov... (more...)

A will that is created in a way that allows a probate court to easily accept it as the true will of the person who has died. In most states, a will is self-proving when two witnesses sign under penalty of perjury that they observed the willmaker sign it and that he told them it was his will. If no one contests the validity of the will, the probate court will accept the will without hearing the testimony of the witnesses or other evidence. To make a self-proving will in other states, the willmaker and one or more witnesses must sign an affidavit (sworn statement) before a notary public certifying that the will is genuine and that all willmaking formalities have been observed.

SURROGATE COURT

See probate court.

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.

CONSERVATOR

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of th... (more...)

Someone appointed by a judge to oversee the affairs of an incapacitated person. A conservator who manages financial affairs is often called a 'conservator of the estate.' One who takes care of personal matters, such as healthcare and living arrangements, is known as a 'conservator of the person.' Sometimes, one conservator is appointed to handle all these tasks. Depending on where you live, a conservator may also be called a guardian, committee or curator.

DISCHARGE (OF PROBATE ADMINISTRATOR)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties hav... (more...)

A court order releasing the administrator or executor from any further duties connected with the probate of an estate. This typically occurs when the duties have been completed but may happen sooner if the executor or administrator wishes to withdraw or is dismissed.

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using... (more...)

A statute that allows people to name a beneficiary to inherit stocks or bonds without probate. The owner of the securities can register them with a broker using a simple form that names a person to receive the property after the owner's death. Every state but Texas has adopted the statute.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

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.

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 5

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Rebecca Susan Mulcahy

Karl H. Roepke

Jon Alan Feder

Willow Misty Parks

Leslie McCarthy-Apodaca

Sara M. Bonnell

Patricia Ann Bradley

Camille P. Koehler

Lawrence W. Kay

James E. Dory

TIPS

LEGAL TERMS

PROBATE COURT

SELF-PROVING WILL

SURROGATE COURT

ESTATE TAXES

CONSERVATOR

DISCHARGE (OF PROBATE ADMINISTRATOR)

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

EXEMPTION TRUST

RESIDUARY ESTATE

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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