Legal Question in Wills and Trusts in New Mexico

Premarital Agreement

My mom of 88 years and her boyfriend of 82 years have been living together for approximately 6 years. He has asked her to marry him several times and we (my brother and I) have told my mom to not get married. Her boyfriend lives only on his social security in a mobile home and my moms estate is quite substantial. We do have a Family Trust and a Survivor Trust after my dad passed 10 years ago. My moms wishes is make sure her estate goes totally to her 2 sons. Her relationship with her boyfriend is completely for convenience...not love! They have not accumulated any assets of any kind since their relationship. My mom is quite concerned that he may be looking to acquire her assets by marrying her.

She would like to have some sort of legal document written to make sure her boyfriend has no rights to any of her estate when she passes. The problem is she does not want to offend her boyfriend by asking him to sign anything. Is there such a Document that could be put together to protect her assets without having her boyfriend know.

Thank you for any advise you may offer.

M


Asked on 1/19/09, 3:51 pm

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

Re: Premarital Agreement

No. NM is a community property state. Each spouse owns 1/2 of the community assets acquired after marriage. There are many other circumstances under which a spouse may acquire an interest in assets held by the other prior to marriage, particularly in real estate. The only real protection for your mother is a pre-marital agreement.

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Answered on 1/19/09, 4:03 pm


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