Pie Town Estate Planning 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: Gift Taxation

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800-923-0641

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LEGAL TERMS

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

WARRANTY DEED

A seldom-used type of deed that contains express assurances about the legal validity of the title being transferred.

LETTERS TESTAMENTARY

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succes... (more...)

The document given to an executor by the probate court, authorizing the executor to settle the estate according to either a will or the state's intestate succession laws.

KINDRED

Under some state's probate codes, all relatives of a deceased person.

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.

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.

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.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

TRUSTEE

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income ... (more...)

The person who manages assets owned by a trust under the terms of the trust document. A trustee's purpose is to safeguard the trust and distribute trust income or principal as directed in the trust document. With a simple probate-avoidance living trust, the person who creates the trust is also the trustee.

SAMPLE LEGAL CASES

Oldham v. Oldham

... Id. {9} We granted Wife's petition for certiorari to address two issues: (1) whether a final judgment distributing marital property pursuant to Section 40-4-20(B) revokes the governing estate planning instruments of the deceased party when the deceased party dies during the ...

Oldham v. Oldham

... A judgment or decree terminating all property rights pursuant to Section 40-4-20(B) meets the definition of a divorce pursuant to Section 45-2-804(A)(2) and is sufficient to revoke governing estate planning instruments pursuant to Section 45-2-804(B)(1)(a). ...

Pie Town Estate Planning Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Ron Shortes

Nancy R. Foster

Laura L. Watchempino

Sherrie L. Tepper

TIPS

LEGAL TERMS

INVENTORY

WARRANTY DEED

LETTERS TESTAMENTARY

KINDRED

TAKING AGAINST THE WILL

DOWER AND CURTESY

RESIDUARY ESTATE

PROBATE

TRUSTEE

SAMPLE LEGAL CASES

Oldham v. Oldham

Oldham v. Oldham

Oldham v. Oldham

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