Legal Question in Real Estate Law in New Mexico
my mom is in her eighties and wants to leave a non working ranch in the family . She does not want it subdivided and or sold in the future . 2 siblings are chomping at the bit to sudivide now . How can i accomplish this now that she is still alive ? 4 brothers and 5 sisters in all
1 Answer from Attorneys
Should she presently deed the ranch to all children, or do so in her will, it would require the consent of all children to subdivide the ranch. There are also strict laws governing subdivisions, so it is not just the wishes of a few which control, as the ranch cannot be legally subdivided into 9 parcels by just a deed. We recommend she consider deeding the ranch to a trust, which will survive her passing, and hold the property in trust for all children, but not permit subdividing by the terms of the trust.
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