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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

Roy L. Armstrong

Commercial Real Estate, Litigation, Gift Taxation, Administrative Law

Status: In Good Standing

CONTACT

218 Beimer St, Taos, NM 87571

Melissa A. Kennelly

Gift Taxation, Wills, Corporate, Landlord-Tenant

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Brad Wesley Odell

Labor Law, Employment Discrimination, Gift Taxation

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Jerry Wertheim

Civil Rights, Estate Planning, Business, Estate

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Teresa Maria Ryan

Products Liability, Constitutional Law, State Government, Gift Taxation

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Billy J. Jimenez

Corporate, Trusts, Estate Planning, Commercial Real Estate

Status: In Good Standing

CONTACT

Santa Fe, NM 87502

George Harold Lerew

Gift Taxation, Elder Law, Credit & Debt, Bankruptcy

Status: In Good Standing Licensed: 49 Years

CONTACT

3140 Vista Sandia Ave, Santa Fe, NM 87506

Jeffrey B. Schamis

Corporate, Landlord-Tenant, Gift Taxation, Business & Trade

Status: In Good Standing

CONTACT

525 Tony St, Santa Fe, NM 87501

Tracy T. Howell

Business & Trade, Private Schools, Commercial Real Estate, Estate Planning

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Mark Chaiken

Products Liability, State Government, Gift Taxation

Status: In Good Standing

CONTACT

207 Shelby St, Santa Fe, NM 87501

800-923-0641

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LEGAL TERMS

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.

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.

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.

INTER VIVOS TRUST

The Latin name, favored by some lawyers, for a living trust. 'Inter vivos' is Latin for 'between the living.'

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.

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.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

INHERIT

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will... (more...)

To receive property from someone who has died. Traditionally, the word 'inherit' applied only when one received property from a relative who died without a will. Currently, however, the word is used whenever someone receives property from the estate of a deceased person.

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.

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). ...

Llano Estate Planning Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Roy L. Armstrong

Melissa A. Kennelly

Brad Wesley Odell

Jerry Wertheim

Teresa Maria Ryan

Billy J. Jimenez

George Harold Lerew

Jeffrey B. Schamis

Tracy T. Howell

Mark Chaiken

TIPS

LEGAL TERMS

TAKING AGAINST THE WILL

ADEMPTION

UNIFORM TRANSFER-ON-DEATH SECURITY ACT

INTER VIVOS TRUST

AB TRUST

RESIDUARY ESTATE

STATUTORY SHARE

INHERIT

EXEMPTION TRUST

SAMPLE LEGAL CASES

Oldham v. Oldham

Oldham v. Oldham

Oldham v. Oldham

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