Legal Question in Wills and Trusts in New Mexico

my father is leaving us the family house and all his assets, how do we AVOID going through probate when he passes? hes making me the responsible one to divide everything but its a hand written will. however if it goes into probate, my brother would be homeless because he lives with him and has no means of support with exception of me.. what steps do dad and I take to remedy this problem and protect the family.


Asked on 4/07/12, 12:40 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

The father deeds the property to the son by Transfer on Death Deed. The title passes when the father dies, and no probate is required.

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Answered on 4/11/12, 2:55 pm


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