Estrada Law, P.C.
- Estate Planning
Jurisdictions Admitted to Practice
|Member - Partner, Estrada Law, P.C.|
|Member - Partner, Madison, Harbour, Mroz & Brennan, P.A.|
|University of New Mexico||J.D.|
|Webster University||M.A.||Health Care Administration|
|University of New Mexico||RPh.||Pharmacy|
|member, Southern New Mexico Estate Planning Council|
- Overall: 4 Answers
Q. Do I need to file probate in New Mexico where my husband died in an accident without a will?
A: The estate should be probated where your husband resided. If he lived in New Mexico, payed taxes, utilities, voted etc. the probate the will in New Mexico, if his residence was in another state the estate should be probated in that state.
Q. Can a probate attorney tell if a will is fraudulent?
A: The will should be contested if it has been submitted to probate. You will need evidence to show the court that the will should be voided.
Q. I have 1 sibling (9 deceased). Mothers house sold, do me & living sibling split money or do grandchildren legaly get $
A: If your mother had a will the proceeds from the sale must be distributed according to the will. If there is no will and no surviving spouse then to her children equally, if the child is deceased then that share goes to that child's children equally.
Q. Does one have to have an original of the will for probate and/or will a xerox copy of the will be accepted.
A: You will need the original will. If you have a copy contact the attorney who drafted the will to see if s/he has an original.