Inheritance Rights In New Mexico

Summary

In New Mexico, if a person dies without a will, their estate is distributed according to state intestacy laws, typically equally among surviving heirs. Living in a deceased relatives home for an extended period does not automatically grant ownership of possessions. Both heirs, in this case, your mother and uncle, must consent to the distribution of possessions. Taking possessions without agreement from all heirs can be considered theft or misappropriation. It is advisable to obtain written consent from both heirs or consult an attorney for proper guidance.

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Alamogordo NM
Hi Kelly! What kind of legal issue are you facing? It could be related to family law, criminal law, property disputes, etc. Any specific details will help me provide better information.
My grandmother just recently passed away I have been living at her house for over 10 years she has two living heirs my mother and my uncle there will be no probate put into place for the property are all of my grandma's possessions belong to me since I've lived here for so long
Kelly, generally, possessions and property of a deceased person are distributed according to the will or state intestacy laws if there's no will. In New Mexico:
- Heirs typically include children, which are your mother and uncle.
- Living in the house for 10 years doesn't automatically grant ownership of possessions.
Is there a will or any written agreement about the property or possessions?
The heirs are treated equally correct so if that's the case my uncle can tell me to go ahead and take all of the possessions in the house
In New Mexico, if there is no will, the state's intestacy laws apply, and the estate is generally divided equally among the surviving heirs. However, your uncle alone cannot make decisions about the possessions without your mother's consent, as she is also an heir.
Do you have any written agreement from your uncle and mother regarding this matter?
Can I get in trouble taking all the possessions and waiting till the house goes into foreclosure
Yes, you can get in trouble for taking all the possessions without proper consent from both heirs (your mother and uncle). Taking possessions without agreement can be considered theft or misappropriation. It’s best to get written consent from both heirs or consult an attorney for proper guidance.