Proving Deceaseds Intentions Legally

Hi ****! Proving a deceased person's intention often involves examining their will, trust documents, or any other relevant written statements. Key points to consider:
- Look for a will or trust.
- Check for any written statements, letters, or emails.
- Gather testimony from witnesses who knew the deceased well.
In which state did the deceased person reside? This can help determine specific state laws that may apply.

Hi ****! In New Mexico, when someone dies without a will (intestate), the estate is distributed according to the state's intestacy laws. Here are some key points:
- The estate typically goes to the closest relatives (spouse, children, etc.)
- If no close relatives, it may go to more distant relatives
Would you like more details on how the estate might be distributed?

In New Mexico, if a person dies intestate (without a will), the estate is distributed according to the state's intestacy laws. Since your dad and two brothers were the closest relatives, the estate would likely be divided equally among them.
Would you like more information on the intestacy laws in New Mexico or any other specific details?

Here are the key points about intestacy laws in New Mexico:
- The estate is divided equally among the closest relatives.
- If the deceased is survived by children but no spouse, the entire estate is divided equally among the children.
- If there are no children or spouse, the estate goes to the deceased's parents.
Would you like to know more about the probate process or any specific details?

Yes, the New Mexico intestacy laws applied in * as well. The estate would be divided among the closest relatives according to those laws. Here’s a brief overview:
- If the deceased had no spouse, the estate would go to the children.
- If no children, the estate would go to the deceased’s parents.
Would you like more details on the probate process in New Mexico?

In New Mexico, if a person dies intestate (without a will) and is survived by a spouse and children, the estate is divided as follows:
- The spouse typically receives a share of the estate.
- The remaining portion is divided among the children.
Would you like more specific details on how the shares are determined?

In *, New Mexico intestacy laws would generally follow these principles:
- If the deceased is survived by a spouse and children, the spouse receives one-fourth of the estate.
- The remaining three-fourths is divided equally among the children.
Would you like more details on how the probate process works in New Mexico?

If the spouse did not mention the children in the probate process, it could be considered a failure to properly distribute the estate according to intestacy laws. This might be rectified by reopening the probate case or filing a claim.
Would you like more information on how to address this issue legally in New Mexico?

If the spouse did not mention the children in the probate process, you may consider the following steps:
- Reopening Probate: Petition the court to reopen the probate case to include the children.
- Filing a Claim: The children can file a claim against the estate for their rightful share.
Would you like guidance on how to start the process of reopening the probate case?

To address the situation where the probate was never closed and the spouse died in *, you can consider the following steps:
- Reopening Probate: You can petition the court to reopen the probate case.
- Filing a Claim: The children can file a claim for their share of the estate.
Would you like more detailed guidance on how to begin the process of reopening the probate case?

If you're the successor personal representative of the estate and need to file a claim, follow these steps:
- File a Petition: Submit a petition to the probate court to reopen the estate.
- Notify Heirs: Inform all heirs and interested parties.
- Inventory and Appraise: List and appraise the estate assets.
- Distribute Assets: Distribute the estate according to intestacy laws.
Would you like more details on any of these steps?

Since you are the successor personal representative, you can take steps to address the oversight. Here’s a brief guide:
- File a Petition: Submit a petition to the probate court requesting to reopen the estate.
- Notify Heirs: Inform all heirs and interested parties about the reopening.
- Inventory and Appraise: List and appraise all assets of the estate.
- Distribute Assets: Ensure assets are distributed according to New Mexico intestacy laws.
Would you like more specific guidance on any of these steps?

Hi ****! Since you are the personal representative for your mother's estate, you may need to take the following steps for clarity:
- File a Petition: Submit a petition to the probate court to address the estate matters.
- Notify Heirs: Inform all heirs and interested parties.
- Inventory and Appraise: List and appraise all assets.
- Distribute Assets: Ensure assets are distributed according to intestacy laws.
Would you like detailed guidance on how to start the petition process?

Hi ****! Given the complexity of your situation, you should consider these steps:
- Reopen Probate: Petition the court to reopen your mother's estate due to your father's inaccurate claim.
- File a Claim: Assert your and your siblings' rights to your mother's estate.
- Legal Assistance: It would be beneficial to consult with a probate attorney in New Mexico.
Would you like more information on how to find a probate attorney?

Given your stepmother is suing you for fraudulently reopening the probate case, it's important to defend your actions. Here are some steps you might consider:
- Documentation: Gather all documents and evidence showing your right to reopen the probate (e.g., intestacy laws, your mother's assets, etc.).
- Legal Counsel: Consult with a probate attorney to defend against the fraud allegations and to assert your rights.
Would you like more information on finding a probate attorney in New Mexico?

Hi ****! Given the intricacies of your case, it's crucial to keep trying to find an attorney. Meanwhile, make sure you have all relevant documents and evidence organized. Consider reaching out to legal aid services in New Mexico for assistance. They often provide help when private attorneys are unavailable.
Would you like more information on legal aid services in New Mexico?

Would you like to know more about the services they offer or any other specific details?

New Mexico Legal Aid Services can help with various legal issues, including probate matters. They offer free legal assistance to eligible individuals. You can contact them at:

Would you like more details on how to prepare for contacting them?

When contacting New Mexico Legal Aid Services, be prepared by gathering the following:
- All relevant documents and evidence (e.g. probate papers, asset inventory, correspondence).
- A summary of your case and key events.
- Any court documents related to your mother's estate and your stepmother's allegations.

Would you like tips on organizing your documents for the consultation?

To organize your documents for the consultation, follow these tips:
- Chronological Order: Arrange documents in the order events occurred.
- Categorize: Group similar documents together (e.g., court filings, correspondence, asset lists).
- Summarize: Create a brief summary outlining your case, key points, and desired outcomes.
- Highlight: Mark important sections or documents for easy reference.
Would you like more specific guidance on any of these steps?

Sure, here are some specific tips:
- Chronological Order:
- Use dividers or labels to separate years or significant events.
- Start with the earliest document and proceed to the most recent.
- Categorize:
- Create sections for different types of documents (e.g., probate filings, property deeds, correspondence).
- Summarize:
- Write a one-page summary highlighting key events, dates, and your main points.
- Clearly state your desired outcome.
- Highlight:
- Use sticky notes or highlighters to mark crucial sections in each document.
Would you like any further assistance on preparing your case?

Since you need further assistance in preparing your case, here are some additional steps:
- Create a Timeline: Draft a detailed timeline of events, from your mother's death in * to the current situation.
- Witness Statements: If possible, gather statements from any witnesses who can support your claims.
- Legal Research: Look up any relevant New Mexico probate laws to strengthen your understanding.
Would you like more details on any of these steps?

Sure, here are more details on each step:
- Create a Timeline:
- List all significant events with dates.
- Include key actions taken, such as probate filings and property transfers.
- Witness Statements:
- Contact individuals who can provide firsthand accounts.
- Request written statements detailing their knowledge of the situation.
- Legal Research:
- Review New Mexico's probate and intestacy laws.
- Focus on statutes related to reopening probate and distributing estates.
Would you like more information on any of these specific steps?

Hi ****! To distribute the estate under New Mexico's intestacy laws, follow these steps:
- File a Petition: Submit a petition to reopen probate.
- Notify Heirs: Inform all heirs and interested parties.
- Inventory and Appraise: List and appraise estate assets.
- Distribute Assets: Distribute according to intestacy laws.
Would you like more specific guidance on any of these steps?