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Possession Dispute Legal Options
Summary
In a complex estate dispute, if a judge awarded possession of a property to another party, you might consider filing a motion to reconsider or an appeal. Present all relevant documents, such as warranty deeds and proof of property payments, to support your claim. As a personal representative of your mothers estate, your role may impact the case, but it depends on specific legal factors. To challenge assumptions under intestacy laws, gather evidence of your mothers intent and consider filing a petition in probate court. Consulting with an estate attorney in New Mexico can provide tailored guidance.Full Conversation
On December 2nd I had a hearing with the judge for my civil case for possession of my father's house.
They gave possession to my stepmother's niece. Who is her personal representative of the of the estate. She resides in California. I reside in in New Mexico, they are claiming that my personal representative of my mother's estate is invalid. And fraudulent.
Yet I was awarded that from the probate judge. My mother's probate. It has been opened since *, but she passed away in * and had no, will. It was just my father and my * other brothers. My father got remarried in *. And has since passed away in *. With my stepmother becoming his personal representative of the estate because me. And my brother, we're written out of the will. And any of our heirs.
So the judge awarded my set mother's niece due to takeover possession of the house until the court case in January proceeds. Is there anything I can file or do to stop the judge's order of her taking possession
Hi ****! Given the complexity and urgency of your situation, you might want to consider filing a motion for a stay or an appeal against the judge's order. Consulting with an attorney who specializes in probate or estate law in New Mexico could provide more tailored advice.
Is there any specific document or evidence that supports your claim which you haven't presented yet?
Is there any specific document or evidence that supports your claim which you haven't presented yet?
We have not presented the multiple warranty d transfers. Back-and-forth on this property or the paperwork showing myself. And my brother also purchased these different properties paid in full and still did not receive the deed for . My mother died in * from a farming accident intestine. She was 34 years old. Her and my father had been married for 17 years. At the time of her death, they had mini businesses that they started together incorporated on one and after 10 years of marriage. They chose to adopt * boys. And after the second one, they were blessed with one more son that they actually had naturally and he was born in * after the accident. My dad raised us very strict but best he could. By himself he had a variety of girlfriends for a while and then met this one girl. That ended up working for him and becoming his girlfriend. Her name is Brenda and she also became a notary. She lived with us off and on for many years. I am the middle son of * boys. I graduated high school in *. My little brother grudge, waited in *. My little brother went into business with my dad on his trucking company. And I went into business with my dad. On his plumbing company, I went into business in * with him. But business end building and he was the escrow agent in *. My little brother. Decided to commingle with my dad and go into business together. And he bought business and he. Also borrowed money from my dad to put up a huge shed on my dad's and he repaid my dad. The deal was or seems to be true. Operating agreement that the members of this business. When they do contributions, it can be land or it's a variety of things. So *, my brother became an L. LC with my father and they were in the trucking business together *. My dad remarried for the second time to Brenda *. My dad started doing a lot of different things. He found probate. On my mother and got a personal representative deed transferred the property. That was in his and her name all those years and put it directly into my little brothers then. He transferred a few pieces of property that day from. Isn't my mother's name to him? Then directly over to my little brother. All-in-one day, these were the properties that he coowed with Bob. And it stayed like that for a couple of years and then it went back from my brother to my dad for a few years and then back from my dad to my brother for a few years. In *, my daughter was killed in a tragic horse riding accident and I. Ended up divorced and didn't care about life anymore. And give up on my plumbing business that I had purchased from my father and believed that I had paid it off. He seems to think his records are different. So he took the property back from me.
In * he filed yeah, a restitution on me and I had never seen the papers for that for years.
My dad, I'm stepmother, stay married and in *. My father had a stroke. He fell into a bathtub for over * hours. Before anybody called an ambulance to come in. Get him or take him to the hospital. After that. He was pretty much bedridden. His stroke was July of * October 3rd. I think it was of *. My stepmother became his power of attorney October 24th *. My dad has a new, will that he is having signed. In *, my dad and stepmother Brenda had asked me to move out close to them on the farm for free as long as I wanted. And whatever was in the house already? Could we buy? I'd put the clothes for everything so I can be closer to my dad. I would go up and visit my dad. Help change him, talk to him. Help feed him and do all these things with him. In *. Well, my stepmother was power of attorney, she filed suit on my little brothers. Wife actually his widow. My little brother passed away in *. She said that my sister-in-law. Ode rent in the amount of * A. Month when my sister-in-law has lived there for. * plus years and has never paid rent, they have paid a business payment and also repaid A. Loan payment for a building equaling. Around * a month, set day paid off. She took my sister-in-law to court. My sister-in-law had lost her paperwork so she didn't have any. And my stepmother had one and filed for special master to transfer the mobile home into her name and also the * / * metal building. If you hear you I did proceed to have my sister-in-law. Who's the widow? Who has the son and evictor my dad? A whole lot of what was going on then as he loved. My sister-in-law very much like the daughter. You never had then my father and stepmother. Ask me to move out and live in the house. It took over a year to repair the house and bring it up to the standard of living *. My father dies September * brewing becomes his personal representative and starts proceeds to now. Evict me in the meantime. I get a letter from her lawyer to come and see him. Which I don't so in * I was looking online and noticed that my mother's estate had been opened in probate and looking deeper. I noticed that my father never listed any heirs to her estate. Or that her state was still open, so I. Filled out the paperwork for probate to see if I can become the successor personal representative. And the judge allowed it after my brother and my little brothers. Son signed off giving their permission. I became successful personal representative. I used a personal representative deed to transfer * properties. That war in my mother's name or something to do with my mother's name. And yeah, and then my stepmother found out and sued me. Her niece was durable power of attorney. Then then my stepmother got sick and had to go to a home in January *. She died and her niece. Became her personal representative and she went and had a auction. My father's estate, which had my mother's things on there. Also which actually was November of * before my stepmother died. I tried to put a stop to it. They still did it. They gained only $* to the estate for selling their whole. Home all of collectibles, plates, furniture everything. And now she is personal representative, and her lawyer is trying to say that my successor personal representative holds no weight and that it was fraudulent. And it was invalid and I had no rights doing what I'm doing so I want to go. What you think of this case and how you suggest I. Respond to a judge, making an order to give the other personal representative. Not only possession of the house but the deed of the house, without finishing all of the rest of the hearing or the witnesses or anymore. Transfers. Hey
Hi ****, it sounds like a complicated case with many intricate details. In your situation, you might want to:
- File a motion to reconsider or an appeal if you believe the judge’s order was incorrect.
- Present all relevant documents, including warranty deeds, proof of property payments, and evidence of your appointment as the personal representative.
- Seek legal assistance from an attorney specializing in probate and estate law in New Mexico to guide you through this process.
Is there a specific document or evidence you believe is critical but hasn't been presented yet?
- File a motion to reconsider or an appeal if you believe the judge’s order was incorrect.
- Present all relevant documents, including warranty deeds, proof of property payments, and evidence of your appointment as the personal representative.
- Seek legal assistance from an attorney specializing in probate and estate law in New Mexico to guide you through this process.
Is there a specific document or evidence you believe is critical but hasn't been presented yet?
There is mention of a prenuptial from my dad in writh
Hi ****, given the mention of a prenuptial agreement, it could be crucial in your case. Prenuptial agreements often outline asset division and property ownership, which might support your claim.
You should:
- Locate and present the prenuptial agreement.
- Consult with an estate attorney in New Mexico for tailored advice.
Would you like help finding an attorney in your area?
You should:
- Locate and present the prenuptial agreement.
- Consult with an estate attorney in New Mexico for tailored advice.
Would you like help finding an attorney in your area?
How do I file a motion to reconsider in a New Mexico cival case
To file a motion to reconsider in New Mexico, follow these steps:
*. Draft the Motion:
- Title the document "Motion to Reconsider".
- Include the case number, court, and parties involved.
- Clearly state the reasons for reconsideration, citing any new evidence or legal errors.
*. Attach Supporting Documents:
- Include any relevant documents, like the prenuptial agreement and warranty deeds.
*. File the Motion:
- Submit the motion to the court where your case is being heard.
- Serve a copy to the opposing party.
Would you like more details on any of these steps?
*. Draft the Motion:
- Title the document "Motion to Reconsider".
- Include the case number, court, and parties involved.
- Clearly state the reasons for reconsideration, citing any new evidence or legal errors.
*. Attach Supporting Documents:
- Include any relevant documents, like the prenuptial agreement and warranty deeds.
*. File the Motion:
- Submit the motion to the court where your case is being heard.
- Serve a copy to the opposing party.
Would you like more details on any of these steps?
Yes
Hi ****, here are more details on each step:
*. Draft the Motion:
- Format it as a formal legal document.
- Explain why the judge should reconsider, citing any new evidence or legal errors.
*. Attach Supporting Documents:
- Include any prenuptial agreements, warranty deeds, and proof of property payments.
*. File the Motion:
- Go to the court clerk's office to submit the motion.
- Ensure the opposing party receives a copy, either via mail or through their attorney.
Would you like guidance on how to format the motion?
*. Draft the Motion:
- Format it as a formal legal document.
- Explain why the judge should reconsider, citing any new evidence or legal errors.
*. Attach Supporting Documents:
- Include any prenuptial agreements, warranty deeds, and proof of property payments.
*. File the Motion:
- Go to the court clerk's office to submit the motion.
- Ensure the opposing party receives a copy, either via mail or through their attorney.
Would you like guidance on how to format the motion?
Yes
Hi ****, here's a basic outline to format your Motion to Reconsider:
*. Heading:
- Court Name
- Case Number
- Title: "Motion to Reconsider"
- Your name vs. Opposing Party Name
*. Introduction:
- Briefly state the purpose of the motion.
*. Background:
- Summarize the case history and the judge’s initial order.
*. Grounds for Reconsideration:
- Detail new evidence (e.g., prenuptial agreement) or legal errors.
- Explain why this information is crucial.
*. Attachments:
- List and attach relevant documents.
*. Conclusion:
- Request the judge to reconsider the order.
Would you like assistance with any specific section?
*. Heading:
- Court Name
- Case Number
- Title: "Motion to Reconsider"
- Your name vs. Opposing Party Name
*. Introduction:
- Briefly state the purpose of the motion.
*. Background:
- Summarize the case history and the judge’s initial order.
*. Grounds for Reconsideration:
- Detail new evidence (e.g., prenuptial agreement) or legal errors.
- Explain why this information is crucial.
*. Attachments:
- List and attach relevant documents.
*. Conclusion:
- Request the judge to reconsider the order.
Would you like assistance with any specific section?
Yes i would like a draft of motion to reconsider
~Draft of Motion to Reconsider
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Name] vs. [Opposing Party Name]
Case Number: [Case Number]
Title: Motion to Reconsider
---
Introduction:
I, [Your Name], respectfully submit this Motion to Reconsider the court's order dated [Date of Order], which granted possession of the property located at [Property Address] to [Opposing Party Name].
---
Background:
*. On December 2nd, a hearing was held regarding the possession of my late father's house.
*. The court awarded possession to my stepmother’s niece, [Opposing Party Name], who is her personal representative.
*. I reside in New Mexico, while the opposing party resides in California.
*. There are claims that my appointment as the personal representative of my mother's estate is invalid and fraudulent, despite it being awarded by the probate judge in [YearGrounds for Reconsideration:
*. New Evidence:
- Prenuptial Agreement: My father and stepmother had a prenuptial agreement that outlines asset division and property ownership, which supports my claim to the property.
- Warranty Deeds and Property Payments: There are multiple warranty deeds and proof of property payments that were not presented during the initial hearing. These documents show that my brother and I purchased various properties and paid in full, yet did not receive the deeds.
*. Legal Errors:
- The court did not consider the prenuptial agreement or the warranty deeds, which are crucial in determining the rightful ownership of the property.
- The decision was made without hearing all witnesses or considering all evidence, including the documents showing my appointment as the personal representative of my mother’s estate.
---
Attachments:
*. Prenuptial Agreement between my father and stepmother.
*. Warranty Deeds for the properties in question.
*. Proof of property payments made by my brother and me.
*. Documents showing my appointment as the personal representative of my mother’s estate.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider its order dated [Date of Order
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Name] vs. [Opposing Party Name]
Case Number: [Case Number]
Title: Motion to Reconsider
---
Introduction:
I, [Your Name], respectfully submit this Motion to Reconsider the court's order dated [Date of Order], which granted possession of the property located at [Property Address] to [Opposing Party Name].
---
Background:
*. On December 2nd, a hearing was held regarding the possession of my late father's house.
*. The court awarded possession to my stepmother’s niece, [Opposing Party Name], who is her personal representative.
*. I reside in New Mexico, while the opposing party resides in California.
*. There are claims that my appointment as the personal representative of my mother's estate is invalid and fraudulent, despite it being awarded by the probate judge in [YearGrounds for Reconsideration:
*. New Evidence:
- Prenuptial Agreement: My father and stepmother had a prenuptial agreement that outlines asset division and property ownership, which supports my claim to the property.
- Warranty Deeds and Property Payments: There are multiple warranty deeds and proof of property payments that were not presented during the initial hearing. These documents show that my brother and I purchased various properties and paid in full, yet did not receive the deeds.
*. Legal Errors:
- The court did not consider the prenuptial agreement or the warranty deeds, which are crucial in determining the rightful ownership of the property.
- The decision was made without hearing all witnesses or considering all evidence, including the documents showing my appointment as the personal representative of my mother’s estate.
---
Attachments:
*. Prenuptial Agreement between my father and stepmother.
*. Warranty Deeds for the properties in question.
*. Proof of property payments made by my brother and me.
*. Documents showing my appointment as the personal representative of my mother’s estate.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider its order dated [Date of Order
What if we didn't actually have the prenups tool agreement? We only have talk of it on paper assumption of a prenup
Hi ****! Without an actual prenuptial agreement, you can still focus on presenting other strong evidence. Here's what you can do:
- Grounds for Reconsideration:
- Emphasize the warranty deeds and property payments.
- Highlight any legal errors in the court's initial decision.
- Mention the assumption of the prenuptial agreement as a point of consideration, but not as the main evidence.
Would you like to revise the motion to exclude the prenuptial agreement and strengthen other points?
- Grounds for Reconsideration:
- Emphasize the warranty deeds and property payments.
- Highlight any legal errors in the court's initial decision.
- Mention the assumption of the prenuptial agreement as a point of consideration, but not as the main evidence.
Would you like to revise the motion to exclude the prenuptial agreement and strengthen other points?
Yes
Draft of Motion to Reconsider
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Name] vs. [Opposing Party Name]
Case Number: [Case Number]
Title: Motion to Reconsider
---
Introduction:
I, [Your Name], respectfully submit this Motion to Reconsider the court's order dated [Date of Order], which granted possession of the property located at [Property Address] to [Opposing Party Name].
---
Background:
*. On December 2nd, a hearing was held regarding the possession of my late father's house.
*. The court awarded possession to my stepmother’s niece, [Opposing Party Name], who is her personal representative.
*. I reside in New Mexico, while the opposing party resides in California.
*. There are claims that my appointment as the personal representative of my mother's estate is invalid and fraudulent, despite it being awarded by the probate judge in [Year].
---
Grounds for Reconsideration:
*. New Evidence:
- Warranty Deeds and Property Payments: There are multiple warranty deeds and proof of property payments that were not presented during the initial hearing. These documents show that my brother and I purchased various properties and paid in full, yet did not receive the deeds.
*. Legal Errors:
- The court did not consider the warranty deeds, which are crucial in determining the rightful ownership of the property.
- The decision was made without hearing all witnesses or considering all evidence, including the documents showing my appointment as the personal representative of my mother’s estate.
- There is an assumption of a prenuptial agreement between my father and stepmother which could affect asset division and property ownership. Although the actual document is not available, it should be considered in the context of this case.
---
Attachments:
*. Warranty Deeds for the properties in question.
*. Proof of property payments made by my brother and me.
*. Documents showing my appointment as the personal representative of my mother’s estate.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider its order dated
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: [Your Name] vs. [Opposing Party Name]
Case Number: [Case Number]
Title: Motion to Reconsider
---
Introduction:
I, [Your Name], respectfully submit this Motion to Reconsider the court's order dated [Date of Order], which granted possession of the property located at [Property Address] to [Opposing Party Name].
---
Background:
*. On December 2nd, a hearing was held regarding the possession of my late father's house.
*. The court awarded possession to my stepmother’s niece, [Opposing Party Name], who is her personal representative.
*. I reside in New Mexico, while the opposing party resides in California.
*. There are claims that my appointment as the personal representative of my mother's estate is invalid and fraudulent, despite it being awarded by the probate judge in [Year].
---
Grounds for Reconsideration:
*. New Evidence:
- Warranty Deeds and Property Payments: There are multiple warranty deeds and proof of property payments that were not presented during the initial hearing. These documents show that my brother and I purchased various properties and paid in full, yet did not receive the deeds.
*. Legal Errors:
- The court did not consider the warranty deeds, which are crucial in determining the rightful ownership of the property.
- The decision was made without hearing all witnesses or considering all evidence, including the documents showing my appointment as the personal representative of my mother’s estate.
- There is an assumption of a prenuptial agreement between my father and stepmother which could affect asset division and property ownership. Although the actual document is not available, it should be considered in the context of this case.
---
Attachments:
*. Warranty Deeds for the properties in question.
*. Proof of property payments made by my brother and me.
*. Documents showing my appointment as the personal representative of my mother’s estate.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider its order dated
So does the fact that I'm personal representative for my mother's estate. Not mean anything to the possession of my fathers house. He took over * Rachel became a personal representative in *
Hi ****! The fact that you are the personal representative of your mother's estate may impact your claim, but it depends on specific legal factors and evidence.
- Personal Representative Role: It gives you authority over your mother's estate but not automatically over your father’s property unless there’s a legal connection.
- Present Evidence: Show how your mother's estate and your father's property are linked.
- Legal Counsel: Consult an estate attorney to navigate the complexities and ensure all relevant evidence is presented.
Would you like further assistance with any specific aspect?
- Personal Representative Role: It gives you authority over your mother's estate but not automatically over your father’s property unless there’s a legal connection.
- Present Evidence: Show how your mother's estate and your father's property are linked.
- Legal Counsel: Consult an estate attorney to navigate the complexities and ensure all relevant evidence is presented.
Would you like further assistance with any specific aspect?
How do I go back improving the state of New Mexico incorrect when it assumes? That my deceased mother wanted her husband to have completely all of her property. She died intestine. It assumes that's what she wanted, which has now been to his second wife's niece inherited and everything. Which I guarantee my deceased. Mother did not work her life off. So that some stranger to take over her lineage and the things that she *. What do I do to prove intention? She intended for her children to have it. In *, the laws incorrect as assuming. She would want her spouse to own everything and her children to own nothing. That assumption is incorrect and my father has don't want to respect that. Because he never took it out of her name until he did probate in *. Then he kept it only in his name and then his sons in back-and-forth. He never put his new life on any of the property that belonged to my mother on top of that. We continue to have a relationship with my mother's family. And they all were with him off and on throughout the years. For the holidays, why Grandma my mother's mother? My dad continued to have a deep relationship with her and sent her flowers all the winter. Four hundred and first birthday, so I have a problem trying to understand where the losses that my stepmother's niece deserves everything that my mother and her family work to provide me
Hi ****! To challenge the assumption that your mother intended for her husband to inherit everything, you can:
- Present Evidence of Intent: Gather any documents or testimonies showing your mother’s intentions for her children to inherit her property.
- Legal Arguments: Argue that the intestacy laws from * do not reflect your mother’s wishes and that the property should be distributed among her children.
- File a Petition: Consider filing a petition in probate court to challenge the distribution under intestacy laws.
Would you like help drafting a petition or finding a legal expert in New Mexico?
- Present Evidence of Intent: Gather any documents or testimonies showing your mother’s intentions for her children to inherit her property.
- Legal Arguments: Argue that the intestacy laws from * do not reflect your mother’s wishes and that the property should be distributed among her children.
- File a Petition: Consider filing a petition in probate court to challenge the distribution under intestacy laws.
Would you like help drafting a petition or finding a legal expert in New Mexico?
Drafting a petition
Absolutely, ****! Here's a basic outline to help you draft the petition:
~Draft of Petition to Challenge Distribution Under Intestacy Laws
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Estate of [Mother’s Name], Deceased
Case Number: [Case Number]
Title: Petition to Challenge Distribution Under Intestacy Laws
---
Introduction:
I, [Your Name], respectfully submit this petition to challenge the distribution of my late mother’s estate under the intestacy laws of *.
---
Background:
*. My mother, [Mother’s Name], passed away intestate in *.
*. The estate was opened in *, and I was appointed as the personal representative.
*. My father, [Father’s Name], passed away in *, with his personal representative now being [Stepmother’s Niece’s Name].
Grounds for Challenge:
*. Evidence of Intent:
- My mother’s property remained in her name until my father probated the estate in *, indicating an intention to preserve her ownership.
- My father maintained a strong relationship with my mother’s family, suggesting he respected her wishes for their children to inherit the property.
- Testimonies from family members can confirm my mother’s intent for her children to inherit her property.
*. Legal Arguments:
- The intestacy laws from * assume my mother wanted her husband to inherit everything, which is not reflective of her actual intentions.
- The property should be distributed among her children, as she would have intended.
---
Attachments:
*. Affidavits from family members supporting my mother’s intent.
*. Documents showing the property remained in my mother’s name until *.
*. Evidence of my father’s relationship with my mother’s family.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider the distribution of my mother’s estate and ensure it reflects her true intentions, providing for her children as beneficiaries.
---
Would you like to add anything or need further assistance refining this draft?
[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]
[Date]
[Court Name]
[Court Address]
[City, State, ZIP Code]
Re: Estate of [Mother’s Name], Deceased
Case Number: [Case Number]
Title: Petition to Challenge Distribution Under Intestacy Laws
---
Introduction:
I, [Your Name], respectfully submit this petition to challenge the distribution of my late mother’s estate under the intestacy laws of *.
---
Background:
*. My mother, [Mother’s Name], passed away intestate in *.
*. The estate was opened in *, and I was appointed as the personal representative.
*. My father, [Father’s Name], passed away in *, with his personal representative now being [Stepmother’s Niece’s Name].
Grounds for Challenge:
*. Evidence of Intent:
- My mother’s property remained in her name until my father probated the estate in *, indicating an intention to preserve her ownership.
- My father maintained a strong relationship with my mother’s family, suggesting he respected her wishes for their children to inherit the property.
- Testimonies from family members can confirm my mother’s intent for her children to inherit her property.
*. Legal Arguments:
- The intestacy laws from * assume my mother wanted her husband to inherit everything, which is not reflective of her actual intentions.
- The property should be distributed among her children, as she would have intended.
---
Attachments:
*. Affidavits from family members supporting my mother’s intent.
*. Documents showing the property remained in my mother’s name until *.
*. Evidence of my father’s relationship with my mother’s family.
---
Conclusion:
For the reasons stated above, I respectfully request the court to reconsider the distribution of my mother’s estate and ensure it reflects her true intentions, providing for her children as beneficiaries.
---
Would you like to add anything or need further assistance refining this draft?
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