Legal Question in Wills and Trusts in New Mexico

wills and real estate

I live in California. My late husband and I own Land in New Mexico. We have a Warranty Deed for the Land as Husband and Wife (in 1990). After my husband died in 1998, I had an Affidavit of Death of Joint Tenant filed in Taos County, NM (where the land is located) and recorded. It states our Warranty Deed said we were Joint tenants, but of course our Warranty deed actually says just Husband and Wife.

I am having trouble clearing the title to the Land which I am selling at this time.

In my late Husband's will, 1992, he disinherited his previous children and left all community property to me. I (and he too did) live in California. What do I do to clear this title.

thank you, Cathy


Asked on 6/10/09, 3:16 pm

1 Answer from Attorneys
Scott Linden Scott H. Linden, Esq.

Re: wills and real estate

It sounds as though you have already cleared the title and now the Recorder needs to be prompted on what to do. Because it was held as husband and wife, or as you state as joint tenants, it should automatically pass to you as the survivor. Normally the Affidavit of Death of Joint Tenant should suffice. It is possible there are more requirements in NM, but I would not think so. I suggest that, since you have done what is normally done in your situation, you consult with an estate planning attorney near to you.

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 6/10/09, 5:08 pm


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