Legal Question in Wills and Trusts in New Mexico
my mom and stepdad live in new mexico they are elderly my step siblings want to take over the house payment if they do this and my stepdad dies what rights does my mother have to the property
Asked on 1/07/11, 8:06 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
New Mexico is a community property state. If the house was acquired after the marriage, or if your step-father gifted an interest in the house to your mother, then she has a 50% interest in the property.
Answered on 1/13/11, 1:12 pm
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