Dona Ana County, NM Wills & Probate Lawyers

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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

Alan David Gluth

Wills, Wills & Probate, Estate Planning, Estate

Status: In Good Standing

CONTACT

2455 Missouri Ave, Las Cruces, NM 88001

Carolyn J. Waters

Gift Taxation, Estate Planning, Wills, Divorce & Family Law

Status: Inactive

CONTACT

Las Cruces, NM 88013

Dana Marie Kyle

Commercial Real Estate, Wills, Gift Taxation, Business & Trade

Status: In Good Standing

CONTACT

Las Cruces, NM 88004

Dana M. Kyle

Commercial Real Estate, Wills, Gift Taxation, Business & Trade

Status: In Good Standing

CONTACT

Las Cruces, NM 88004

Joshua Dwyer

Corporate, Commercial Real Estate, Wills, Business & Trade

Status: In Good Standing

CONTACT

201 N Church St, Las Cruces, NM 88001

Katherine N. Blackett

Estate Planning, Gift Taxation, Estate, Wills

Status: In Good Standing

CONTACT

2455 Missouri Ave, Las Cruces, NM 88001

M. Lea Brownfield

Wills

Status: In Good Standing Licensed: 36 Years

CONTACT

Mesilla, NM 88046

Michael W. Lilley

Personal Injury, Constitutional Law, Commercial Real Estate, Wills, Mass Torts

Status: In Good Standing

CONTACT

7024 Raasaf Dr, Las Cruces, NM 88005

Shane A. English

Commercial Real Estate, Wills, Family Law, Personal Injury

Status: In Good Standing

CONTACT

Anthony, NM 88021

Sharice Ogas Pacheco

Divorce & Family Law, Family Law, Commercial Real Estate, Wills

Status: In Good Standing

CONTACT

715 East Idaho Avenue, Las Cruces, NM 88011

800-923-0641

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LEGAL TERMS

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.

SPENDTHRIFT TRUST

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the benefi... (more...)

A trust created for a beneficiary the grantor considers irresponsible about money. The trustee keeps control of the trust income, doling out money to the beneficiary as needed, and sometimes paying third parties (creditors, for example) on the beneficiary's behalf, bypassing the beneficiary completely. Spendthrift trusts typically contain a provision prohibiting creditors from seizing the trust fund to satisfy the beneficiary's debts. These trusts are legal in most states, even though creditors hate them.

ADMINISTRATION (OF AN ESTATE)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. I... (more...)

The court-supervised distribution of the probate estate of a deceased person. If there is a will that names an executor, that person manages the distribution. If not, the court appoints someone, who is generally known as the administrator. In some states, the person is called the 'personal representative' in either instance.

GENERATION-SKIPPING TRUST

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income fro... (more...)

A trust designed to save on estate tax. The trust principal is preserved for the trust maker's grandchildren, with his or her children receiving only income from the trust. Because the children (the middle generation) never legally own the property, it isn't subject to estate tax at their death. See generation-skipping transfer tax.

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.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

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.

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.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

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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Dona Ana County, NM Wills & Probate Lawyers

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Alan David Gluth

Carolyn J. Waters

Dana Marie Kyle

Dana M. Kyle

Joshua Dwyer

Katherine N. Blackett

M. Lea Brownfield

Michael W. Lilley

Shane A. English

Sharice Ogas Pacheco

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LEGAL TERMS

ADEMPTION

SPENDTHRIFT TRUST

ADMINISTRATION (OF AN ESTATE)

GENERATION-SKIPPING TRUST

NONPROBATE

GROSS ESTATE

TRUST DEED

TRUSTEE

DEATH TAXES

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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