Albuquerque Wills & Probate Lawyer, New Mexico

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Includes: Estate Administration, Living Wills, Wills

Dathan L. Weems Lawyer

Dathan L. Weems

VERIFIED
Accident & Injury, Medical Malpractice, Mediation, Family Law, Wills

The Dathan Weems Law Firm, LLC is a New Mexico law firm specializing in serious injury and wrongful death cases. Additionally, we represent parties ... (more)

Simon A. Kubiak Lawyer

Simon A. Kubiak

VERIFIED
Estate, Wills & Probate, Estate Planning, Trusts
Licensed in Arizona, Nevada and New Mexico

Since 2003, Walk-In Wills has helped people in New Mexico protect their most precious assets. We understand that the estate planning process is intimi... (more)

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505-903-7000

Peter V. Domenici Lawyer

Peter V. Domenici

VERIFIED
Environmental Law, Real Estate, Wills & Probate, Natural Resources, Military & Veterans Appeals

Mr. Domenici is a graduate of the University of New Mexico Law School and a member of the New Mexico Bar. He has been practicing law since 1986. Mr. ... (more)

Gregory W. MacKenzie Lawyer

Gregory W. MacKenzie

VERIFIED
Real Estate, Estate, Wills, Wills & Probate, Estate Planning

Greg has been a partner at Hurley Toevs Styles Hamblin & Panter PA since 2008. He was formerly a partner of the trust and estate litigation firm of Po... (more)

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John J. Carmody Lawyer

John J. Carmody

VERIFIED
Divorce & Family Law, Estate, Wills & Probate, Paternity, Child Custody

John J. Carmody has been practicing law in Albuquerque since 1973. He has represented clients of all forums, including complex trials to high dollar l... (more)

Elizabeth Valentine Han Lawyer

Elizabeth Valentine Han

VERIFIED
Divorce & Family Law, Family Law, Children's Rights, Criminal, Wills

Elizabeth Valentine (V.) Han is the owner and sole practitioner at the Law Office of Elizabeth V. Han. Professionally, she obtained her license to... (more)

Gregory M. Segura Lawyer

Gregory M. Segura

VERIFIED
Estate, Estate Planning, Wills & Probate, Guardianships & Conservatorships, Business Organization

Gregory Segura has been a practicing attorney for over 5 years. He started his legal career serving as an Assistant District Attorney in Albuquerque,... (more)

Joel Philip Ames Lawyer

Joel Philip Ames

VERIFIED
Estate, Estate Planning, Wills & Probate, Business

Joel has been a member of Swaim & Carlow since 2017. He graduated from the University of New Mexico School of Law with honors, magna cum laude, and ... (more)

Kathleen M. Carlow Lawyer

Kathleen M. Carlow

VERIFIED
Estate, Wills & Probate, Estate Planning, Trusts, Business

Kathleen Carlow, Esq., LL.M., is a shareholder and attorney with the firm. She focuses her practice on tax law, estate planning, probate, trust admini... (more)

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate
Status:  In Good Standing           

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LEGAL TERMS

CURATOR

See conservator.

GROSS ESTATE

For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of prob... (more...)
For federal estate tax filing purposes, the total of all property owned at death, without regard to any debts or liens against the property or the costs of probate. Taxes are due only on the value of the property the person actually owned (the net estate) plus the amount of any taxable gifts made during life. In a few states, the gross estate is used when computing attorney fees for probating estates; the lawyer gets a percentage of the gross estate.

QDOT TRUST

A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spo... (more...)
A trust used to postpone estate tax when more than the amount of the personal federal estate tax exemption is left to a non-U.S. citizen spouse by the other spouse. QDOT stands for qualified domestic trust.

SURROGATE COURT

See probate court.

TESTAMENTARY TRUST

A trust created by a will, effective only upon the death of the willmaker.

BEQUEATH

A legal term sometimes used in wills that means 'leave' -- for example, 'I bequeath my garden tools to my brother-in-law, Buster Jenkins.'

TITLE COMPANY

A company that issues title insurance.

IN TERROREM

Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement... (more...)
Latin meaning 'in fear.' This phrase is used to describe provisions in contracts or wills meant to scare a person into complying with the terms of the agreement. For example, a will might state that an heir will forfeit her inheritance if she challenges the validity of the will. Of course, if the will is challenged and found to be invalid, then the clause itself is also invalid and the heir takes whatever she would have inherited if there were no will.

HOLOGRAPHIC WILL

A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many stat... (more...)
A will that is completely handwritten, dated and signed by the person making it. Holographic wills are generally not witnessed. Although it's legal in many states, making a holographic will is never advised except as a last resort.

SAMPLE LEGAL CASES

Karpien v. Karpien

... 4-20 (1993) is controlling, that marital property and debt covered by Section 40-4-20 is divided and distributed according to New Mexico domestic relations law, that debt incurred after the death of the decedent spouse is separate debt to be dealt with through probate, and that ...

Oldham v. Oldham

... {1} This case requires us to interpret and harmonize potentially conflicting provisions within our domestic relations, probate, and trust ... {6} After Husband's death, Son filed an application in the probate court for informal appointment as personal representative of Husband's estate. ...

Oldham v. Oldham

... Accordingly, we reverse and remand for the appointment of someone other than Wife as a substitute personal representative or administrator to complete the pending divorce proceedings pursuant to Section 40-4-20(B) before continuing the probate proceedings. ...

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