Legal Question in Wills and Trusts in New Mexico

Withdraw from Probate after Letter of Administation

My younger brother passes away in Albuquerque, NM. I could not get any info from mortgage until I filled out their ''Representative Information Form'' along with letter of administation from the court. I did just that and now realize that he owes more than what his house is worth. He had no life insurance. Want to let house go into forclosure and withdraw probate. Is there any problem in doing that?


Asked on 2/23/09, 4:19 am

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

Re: Withdraw from Probate after Letter of Administation

There may not be, but you will need an Order from the Probate Court permitting such action. You have a fiduciary duty to the other heirs who may or may not agree with the action you propose.

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Answered on 2/23/09, 10:22 am


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