Legal Question in Wills and Trusts in New Mexico

is our will drawn in Illinois valid in New Mexico

My partner and I are gay, we raised a

child together. Prior to moving to New

Mexico we had a will drawn by our

attorney in Illinois that states in the

event of both of our deaths she would

inherit our home and my partners

assests. It also states that she has

power of attorney to health care and

finaces for my partner. I am her

biological father. Is this will vaild in

New Mexico even though is was

created in Illinois by our attorney?


Asked on 7/11/06, 12:21 am

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

Re: is our will drawn in Illinois valid in New Mexico

The will may be valid for a time, but long-term it is advisable to have a new will created to comply with current NM law. Also, our right-to-die provisions and related power of attorney are unique to NM and others are probably not up to date with our recent laws. Bottom line, it is a good idea to have a check-up with a NM attorney and bring everything current. You won't have to do this again unless you (1) win the lottery, or(2) move from NM again.

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Answered on 7/17/06, 6:54 pm


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