Albuquerque 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

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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

Gregory W. MacKenzie

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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

John J. Carmody

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Divorce & Family Law, Estate, Wills & Probate, Paternity, Child Custody

John J. Carmody has been practicing law in Albuquerque since 1973. He has represented clients of all forums, including complex trials to high dollar l... (more)

CONTACT

800-316-7028

1200 Pennsylvania St NE, Albuquerque, NM 87110

Gregory M. Segura

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Estate, Estate Planning, Wills & Probate, Guardianships & Conservatorships, Business Organization

Gregory Segura has been a practicing attorney for over 5 years. He started his legal career serving as an Assistant District Attorney in Albuquerque,... (more)

CONTACT

800-769-7081

6300 Riverside Plaza Ln. NW, Albuquerque, NM 87120

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

8205 Spain Rd NE, Albuquerque, NM 87109

Michael A. Peters

Business Organization, Banking & Finance, Wills & Probate, Corporate

Status: In Good Standing

CONTACT

3915 Carlisle Blvd NE, Albuquerque, NM 87107

Brad L. Hays

Real Estate, Corporate, Estate, Wills & Probate

Status: In Good Standing

CONTACT

Rio Rancho, NM 87174

Elisabeth Anne Millich

Commercial Real Estate, Wills, Estate, Child Custody

Status: In Good Standing Licensed: 23 Years

CONTACT

Albuquerque, NM 87190

Elisabeth Anne Millich

Commercial Real Estate, Immigration, Wills, Estate

Status: In Good Standing

CONTACT

Albuquerque, NM 87190

James D. Mcalister

Commercial Real Estate, Federal, Estate, Wills

Status: In Good Standing

CONTACT

Albuquerque, NM 87125

800-923-0641

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LEGAL TERMS

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

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.

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.

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.

INHERITANCE TAXES

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited prop... (more...)

Taxes some states impose on people or organizations who inherit property from a deceased person's estate. The taxes are based on the value of the inherited property.

PETITION

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elde... (more...)

A formal written request made to a court, asking for an order or ruling on a particular matter. For example, if you want to be appointed conservator for an elderly relative, you must file a petition with a court. See also complaint.

ESTATE PLANNING

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your... (more...)

The art of continuing to prosper when you're alive, and passing your property to your loved ones with a minimum of fuss and expense after you die. Planning your estate may involve making a will, living trust, healthcare directives, durable power of attorney for finances or other documents.

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.'

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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Albuquerque Wills & Probate Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Dathan L. Weems

Gregory W. MacKenzie

John J. Carmody

Gregory M. Segura

Sylvain Segal

Michael A. Peters

Brad L. Hays

Elisabeth Anne Millich

Elisabeth Anne Millich

James D. Mcalister

TIPS

LEGAL TERMS

HOLOGRAPHIC WILL

ADEMPTION

DISCHARGE (OF PROBATE ADMINISTRATOR)

TAKING AGAINST THE WILL

PROBATE

INHERITANCE TAXES

PETITION

ESTATE PLANNING

ABSTRACT OF TRUST

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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