Estate Dispute Legal Guidance

Summary

In New Mexico, probate laws follow the Uniform Probate Code, prioritizing close relatives for inheritance. If a will excludes certain heirs, they may contest based on valid claims, especially if their parent had a legal interest in the property. Community property is typically divided equally, and the surviving spouses claim depends on the will or intestate laws. To strengthen your position in an estate dispute, ensure all legal documents are in order, adhere to probate laws, and gather supporting evidence. Consulting a probate attorney in New Mexico is advisable for personalized legal strategies.

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My aunt died and made me personal representative, actually, she's in. Testine and her stepsons have become. One has become personal representative of his deceased mother's estate. But she died in *, and he's a successor personal rap now on top of that, his father. Died with the will in * wrote his kids off. Left everything to my aunt. He then died in *. So I wanna know since we are in court. Is there a way said he can beat me? Or do I have this pretty much in the sack knowing that the my stepmother my. My aunts husband left it all in the will. And then my aunt left an intestine. And so far, I've been doing affidavits for property. S*** and haven't had any problems. Is there anything you can foresee? That would be my problem
I'm sorry for your loss. To better understand your situation, could you please provide your location (state or country)? This will help me give you more specific legal information regarding probate and intestacy laws.
Rachel and New Mexico
Hi Rachel,
Thank you for providing the information. Based on your situation in New Mexico, here are some general points to consider:
- New Mexico follows the Uniform Probate Code.
- As a personal representative, you need to follow the will and state laws.
- Intestate succession laws apply if there is no will.
- Stepsons may contest the will, but they need valid grounds.
For further clarity, consulting with a probate attorney in New Mexico is advisable.
I had an auction for my aunt. Her state and her late husband and possibly his late wife. But generally I just needed to make some extra money. And am I gonna get in trouble with this from so late wife's kids sue opened her probate
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- As a personal representative, selling estate property may require court approval.
- The late wife's kids could potentially contest the sale if they have a valid claim.
- It's essential to follow probate laws and court orders.
Consulting with a probate attorney in New Mexico is advisable for specific guidance.
I don't think that the um, the that the the kids, the men, whatever of the late wife, have a valid claim being the successor personal rep. You know, I feel like I Trump them with my authority. Because my aunt was married more recent to their dad. Now, is there any difference in that
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- The priority of personal representatives is determined by the will or intestate laws.
- Being married more recently does not automatically grant higher authority.
- Valid claims by stepsons can still be contested in court.
Consulting with a probate attorney in New Mexico is advisable for specific guidance.
Now, what if their father? Who opened the probate for their late mother in *, let them off the probate. And only claimed himself as an air
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- If the father listed himself as the sole heir in *, the stepsons may still contest this if they have valid grounds.
- The validity of claims may depend on the details of the will and any intestate laws applicable at that time.
- Court approval and adherence to probate laws are crucial.
For specific guidance, consulting with a probate attorney in New Mexico is advisable.
So it wouldn't actually be their step. Sons, they would be their sons. And I believe they would have valid claims because it was their mom that died in their father. Left him off the probate because of his new wife
Hi Rachel,
Thank you for providing more details. Here are some general points regarding your situation in New Mexico:
- If the father left the sons out of the probate, they could have valid grounds to contest based on their mother's estate.
- The court will consider the validity of their claims and any applicable intestate laws.
For specific guidance, consulting with a probate attorney in New Mexico is advisable.
Can you define validity
Hi Rachel,
In legal terms, "validity" refers to the state of being legally binding or acceptable. It means that a document, such as a will or contract, meets all legal requirements and is enforceable in a court of law. For a will to be valid, it must:
- Be in writing.
- Be signed by the testator.
- Be witnessed by the required number of witnesses.
- Follow state-specific legal requirements.
For specific guidance, consulting with a probate attorney in New Mexico is advisable.
What were the intestine laws in nineteen seventy two and did they change nineteen seventy three
Hi Rachel,
To provide accurate information, could you please specify the state or country you're referring to regarding intestate laws in * and *? This will help me give you the most relevant details. Thank you!
New mexico
New mexico
In New Mexico in *. What were the intesstate laws and did they change in nineteen seventy three
Hi Rachel,
In New Mexico in *, intestate laws generally followed the Uniform Probate Code, which:
- Distributed assets to the closest relatives (spouse, children, parents, etc.).
- Prioritized surviving spouse and children for inheritance.
There were no significant changes in intestate laws from * to * in New Mexico.
For specific historical details, consulting with a probate attorney in New Mexico is advisable.
So if their mother was on the deed to the property that is now in question. And they contested the probate. Would I still stand a chance in court to being the sole inheritor of this property that we are going to court over
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- If their mother was on the deed, her children may have a valid claim.
- Contesting probate depends on the will's validity and intestate laws.
- Your chances depend on proving your legal claim.
Consulting with a probate attorney in New Mexico is advisable for specific guidance.
So let's say my ants. A new husband had community property with the first wife and now he has passed on. Does the property go to? The new wife, or does it stay with the original
Hi Rachel,
Here are some general points regarding community property in New Mexico:
- Community property is usually divided equally between spouses.
- Upon the husband's death, his share of the community property generally passes according to his will or intestate laws.
- The new wife may have a claim, but the stepsons could contest it.
For specific guidance, consulting with a probate attorney in New Mexico is advisable.
But the father left everything to my aunt. And wrote the kids out of the will, but do they have any claim to it from their mother's side
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- If the father wrote the kids out of the will, they might still contest it based on their mother's estate.
- The children may claim their share if their mother had a legal interest in the property.
- The court will consider the validity of their claims and any applicable intestate laws.
For specific guidance, consulting with a probate attorney in New Mexico is advisable.
So basically they have a better chance than I do at winning this lawsuit
Hi Rachel,
Here are some general points regarding your situation in New Mexico:
- The stepsons may have a valid claim if their mother had a legal interest in the property.
- Contesting the will or probate depends on the validity of their claims.
- Your chances depend on proving your legal claim and following probate laws.
Consulting with a probate attorney in New Mexico is advisable for specific guidance.
How would you suggest is the best way for them to go about it
How would you suggest I go about winning my lawsuit
Hi Rachel,
I understand your concerns. Here are some general points to consider to strengthen your position in court:
- Ensure all documents (wills, deeds, affidavits) are organized and legally verified.
- Demonstrate adherence to the will and probate laws.
- Gather evidence supporting your claim to the property.
- Consider consulting with a probate attorney in New Mexico for specific legal strategies.
Best of luck in your case!