Legal Question in Wills and Trusts in New Mexico

Not automatically. In NM when one dies without a will, the estate is divided equally between the surviving spouse and the living children. Spouse gets 50%; children split the other 50%. If you wish your children to inherit real estate, you must change the deed to name them JTWROS, or use a TODD. Remember NM is a community property state, so with certain exceptions the surviving spouse cannot inherit less than 50% of the deceased spouse's estate. Consult a real estate attorney for information specific to your situation.