Legal Question in Wills and Trusts in New Mexico
Step son is Legal Representative?
My husbands brother passed away 2 weeks ago in Albuquerque N.M.. We don't have the ability to go down there and his brothers step-son was made his legal representative. His brother was blind and had seizures. We don't trust his step son to give us information we need. My husband is the next of kin and we think he should have been consulted on this first. Is there anyone we can contact to get any information, we're not getting any right now and nobody has contacted us regarding his brothers assets. The only will is one that is in his brothers computer, I don't know if he ever made it legal. I'm having a very hard time finding anything out and we don't trust what his step son tells us, he's proven he can't be trusted. If his brother left everything to his step son, that's fine. But I don't think he did because he hasn't been able to get to anything yet, he'll have to go to court. His brother had tried to commit suicide 6 years ago, that's why he was blind, and his step son is the one that had loaned him the gun for ''target practice'' knowing that he had problems and it wasn't something he usually did. I really need an answer as soon as possible...thank you!
2 Answers from Attorneys
Re: Step son is Legal Representative?
To Whom It May Concern:
This is in response to your email of September 11, 2001, which this office received on October 25, 2001.
The following response is based on Michigan Law.
Contact the court where the Decedent�s estate has been opened. If you are an interested party you are entitled to be privy to all information.
Keep in mind that I practice law in Michigan. I advise you contact an attorney in New Mexico.
Sincerely,
Nichols & Eberth, P.C.
By: Robert J. Stelmock, Esq.
(313) 561-5700
Re: Step son is Legal Representative?
You can run an asset check through an asset checking service for a nominal amount of money to see what real estate the brother owned. You can then go to the register of deeds for that county and check out the deed to see who the real estate was left to, if anyone. If it was not left to anyone but was solely owned by the deceased brother, then it passes through probate and will be probated by the will. If the deceased brother left no will, the property passes by state law to the relatives, according to the plan devised by state law. Find out where his property is and see if it is worth it to get a probate lawyer in the state where he lived.
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