Legal Question in Wills and Trusts in New Mexico

My husbands mother recently passed away and we moved into the home of which she owned to care for her elderly step father and now his Aunt (husbands mothers sister) is trying to get the home away from us but he is next of ken well...only of ken and I was wondering if there was any way she could really do that and what process we would have to go through to get the house in his name?


Asked on 1/03/10, 7:32 am

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

If she died without a will or without otherwise providing for the disposition of the property upon her death, then under NM law her property descends to her children in equal shares, e.g., if there are 3 children, they each inherit 1/3.

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Answered on 1/12/10, 7:40 am


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