Property Rights In Probate

Summary

In New Mexico, property acquired during marriage is generally considered community property. If a will explicitly leaves all property to a spouse, it may override other claims. However, if a previous probate case was improperly handled, it could affect property distribution. The 1972 deeds lack of specification may default to tenancy in common, impacting distribution. For specific guidance, contact the Bernalillo County Probate Court.

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My aunt married her husband in * he was married before and his wife died died in a tragic barn accident, leaving him with * yound boys. In * he died leaving her everything in his will. She didnt know he open probate on his first wife in * because they were both on the deed. He then transfered the deed between him and one of his son until he died in *. My aunt was never on any of the property. I am now the personal representative of my aunt estate who is also her husbands personal representative. The boys are claim the step mom has no rights to the property is this correct
Hello Rachel,
To understand the situation better, could you please let me know which state your aunt's property is located in? This will help in providing specific legal information related to property and probate laws in that jurisdiction.
New mexico
Rachel, here are some general points regarding property rights in New Mexico:
- New Mexico is a community property state, meaning property acquired during marriage is owned jointly.
- Since your aunt was not on the deed, the property likely remained separate.
- The probate court will determine the distribution based on the will and state laws.
You may need to contact the local probate court for specific guidance.

Bernalillo County Probate Court


Phone: (*) *-*
Website: www.bernco.gov/probate-court
In his will he left all property? Two personal and community property to her
Rachel, given the information in the will, here are some general points to consider:
- The will typically dictates the distribution of the deceased's property.
- If the will explicitly leaves all property (both personal and community) to your aunt, she may have a strong claim.
- The probate court will ultimately interpret the will and enforce it according to New Mexico laws.
For specific guidance, please contact the Bernalillo County Probate Court.

Bernalillo County Probate Court


Phone: (*) *-*
Website: www.bernco.gov/probate-court
But her husband left the boys off the probate case of their mother when she died. And he opened it in two thousand and nine
Rachel, if the probate case for the first wife was improperly handled in *, it could affect the distribution of the property.
- The probate court may need to review the previous case.
- Contact the Bernalillo County Probate Court for specific guidance on reopening or addressing issues with the * probate case.

Bernalillo County Probate Court


Phone: (*) *-*
Website: www.bernco.gov/probate-court
How could it affect the distribution of the property
Rachel, if the * probate case was improperly handled, it could potentially affect the distribution of the property by:
- Reassessing the legitimacy of the property transfer.
- Determining if the sons have a valid claim to the property.
- Revisiting the distribution of assets to comply with proper probate procedures.
For precise guidance, please contact the Bernalillo County Probate Court.

Bernalillo County Probate Court


Phone: (*) *-*
Website: www.bernco.gov/probate-court
So in *, the property deed had both their names on it. It did not say community or separate property or joint. Nothing, so would that affect the distribution of the first wife's property in new mexico
Rachel, here are some general points regarding the * deed and its potential impact:
- In New Mexico, if a deed does not specify joint tenancy or community property, it may default to tenancy in common.
- Tenancy in common means each party owns an undivided interest in the property.
- The probate court will consider these details to determine the distribution.
For specific guidance, please contact the Bernalillo County Probate Court.

Bernalillo County Probate Court


Phone: (*) *-*
Website: www.bernco.gov/probate-court