Legal Question in Wills and Trusts in New Mexico

My father who was a world war II veteran passed away in february of last year and didn't have a will. I didn't look into my legal options and my mother just kinda to control of everything that he owned. Now I fear that she isn't handling his assets properly and that she may end up with nothing. Do I have any claim to what he left behind os is she automatically entitled to everything?


Asked on 6/26/10, 12:14 am

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

When one spouse dies without a will [intestate], NM law dictates that the surviving spouse inherits 1/2 the estate of the deceased, and his children divide the other 1/2 equally. Consult an estate attorney in your area. Initial consultations are usually at no cost.

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Answered on 7/02/10, 6:57 am


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