Probate Process In New Mexico

Summary

In New Mexico, if no heirs file for probate, the court may appoint an executor, which can take several weeks to months. You can file a petition for a neutral executor if heirs are uncooperative. Long-term residency may provide certain rights, but it depends on specific conditions. Consider consulting a probate attorney for guidance on estate management and potential residency claims.

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I live in New Mexico my grandmother has passed away her daughter which is my mother is asking me for my social security number to fill out paperwork what kind of paperwork would my mother need to fill out
I'm sorry to hear about your grandmother's passing. If your mother is asking for your Social Security number, it could be related to inheritance or estate matters. Common paperwork includes:
- Probate documents
- Beneficiary forms
- Tax filings
Do you know if your mother is handling the estate or probate process?
She is not there is also another heir to the estate and she is not consulting with him about it or about what she's doing I tried to file probate but since I'm not an heir I would have needed to have consent by both parties and my mother will not consent to it I don't know how to get around that either
I'm sorry for your situation. Since you're in Texas, here's some general information:
- In Texas, if one heir is uncooperative, the other heir can file a petition to compel action by the other heir.
- You may need to consult with a probate attorney to understand your options better.
Would you like to be connected to local lawyers who can assist you further?
And I live in New Mexico not Texas
Got it! Since you're in New Mexico, the situation might be a bit different. In New Mexico, if there's an uncooperative heir, you can consider the following steps:
- File a petition for probate in court.
- Request the court to appoint a neutral executor.
- Seek legal advice to navigate complexities.
Would you like to be connected to local lawyers who can assist you further?
No. And while waiting to find out what she's going to do if she decided to turn off all utilities to the home the home that I still reside in he has been distant from her mother for over 10 years I have lived in the house for over 10 years does that account for anything
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Living in the house for over 10 years may provide you with certain rights or claims, but it depends on various factors such as whether you have a lease or rental agreement and the nature of your residency. Consider the following:
- Tenant Rights: If you have been paying rent, you may have tenant rights.
- Adverse Possession: Long-term occupancy could potentially give rise to adverse possession claims, though this is complex and requires specific conditions.
Would you like more details on tenant rights in New Mexico?
No I don't want tenants rights I have lived with my grandmother for 10 years my grandmother who has recently passed my mother doesn't didn't speak to her for over 10 years I don't have any rights pertaining to my grandmother's estate
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Given your situation, it seems you are concerned about your rights to the residence and the estate. Here are some points to consider:
- Probate Petition: Even if you are not an heir, you might be able to petition the court to appoint a neutral executor.
- Residency Rights: Long-term residency might provide some claims, but this is nuanced.
Would you like more details on how to potentially petition for a neutral executor in New Mexico?
How long before the state decides to appoint an executor if no air has decided to file for probate
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In New Mexico, the appointment of an executor can vary based on the court's schedule and the specifics of the case. Generally, if no one files for probate within a reasonable time, an interested party can petition the court to appoint an executor. This process can take several weeks to months.
Would you like more information on how to petition the court for an executor?
There are two errors to my grandmother's estate neither one has filed for probate I filed for probate and to be appointed executor in order for that I need their signatures of consent my mother will not consent to it so I wanted to know since I fell for probate how long before the state decides to appoint their own executor
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In New Mexico, if no heirs file for probate, the court may appoint an executor. Generally, this can take several weeks to months depending on the court's schedule. You might want to consider filing a petition for the court to appoint a neutral executor.
Would you like to know more about this process?