Legal Question in Real Estate Law in New Mexico
transfer of name of property of deceased persons
I am an only child who was the only and sole inheritor(?) of my parents property in their will. I went through probate (Arizona), but I forgot to transfer a piece of property that they owned, into my name. It is now 5 years since my last parent died I have been paying the property taxes, but it is still in their name. How do I now put it in my name?
2 Answers from Attorneys
Re: transfer of name of property of deceased persons
I assume you are in California, the estate was probated in Arizona, and the property that hasn't been placed into your name is situated in New Mexico.
I also assume you aren't shown on title as a joint tenant, which would simplify matters, or successor trustee on a trust that owns the property, which would require a different procedure.
If all these assumptions are correct, what should have happened was an ancillary or collateral probate proceeding in New Mexico, under New Mexico law, at the time of the primary Arizona probate.
Your next step then would be to contact a probate attorney in the New Mexico county where the property is situated.
I would also suggest you get moving on it quickly; I don't know New Mexico's adverse possession laws, but unless you know exactly what is going on with this property, you should investigate and take action.
Re: transfer of name of property of deceased persons
You should also contact the County Tax Assessor's Office and find out what they require for the owner's name on the property to be transferred and if there are any negative tax consequences in doing so now.
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