Legal Question in Wills and Trusts in New Mexico
My stepfather recently died leaving no will, and some property. His daughter lives in Az. and is unable to come to NM to resolve this matter. She wants me to dispose of the property, what do I need to do, so everything is done properly?
Asked on 10/22/09, 2:13 pm
1 Answer from Attorneys
Charles Aspinwall
Charles S. Aspinwall, J.D., LLC
One who dies without a will or trust is said to have died intestate. Intestate succession means the wife inherits 50% of the estate of the deceased, and the living children split the remaining 50%. If there is no surviving spouse, then the children split 100% of the estate. If the property is real estate or personal property requiring evidence of ownership such as motor vehicles, a short form probate will likely be required.
Answered on 11/03/09, 11:03 am
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