Legal Question in Family Law in New Mexico

Re: estate rights

You submitted this to the wrong category. You should re-submit this question to the estate law category in Law Guru.

But to give you a quickie answer from a lawyer who does not practice in this area very much:

You don't say what kind of retirement funds. For example, if he had a 401K it would go either by any beneficiary designation he may have made or if none, by the rules of intestate succession. If it is a pension plan, it would be governed by the rules of that plan and if he had not designated a beneficiary there, and there is some kind of cash value, then again by the rules of intestate succession. Siblings can get a share by intestate succession if there are no surviving spouse, children, or parents. See New Mexico Statute 45-2-103. But this can be a pretty tricky area of law and if you think you may be entitled to a share of the funds you shuld consult an attorney who specializes in estate law.