The POD (pay on death) trumps any will. POD designations avoid probate, the account does NOT become part of the estate for probate. Usually with...

My stepbrother was questionably made executor of my stepmother.the will looks altered according to my lawyer. he has liens again

An executor of a will must be appointed by the court. Check the court's website and determine whether your step-brother has been appointed. If he...

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Can someone under 18,or an heir, or an heir under 18 witness a will in NM?

As a general rule it is better to have witnesses who are legally recognized as competent adults in the eyes of the law. Also, if a witness stands...

My step mom passed away three months ago, my step brother was questionably appointed executor.

You need to determine whether you step-brother was approved by a New Mexico probate court to act as executor. You and your siblings should have...

Why do professional estate planners promote revocable trusts instead of wills when assets are less than 5 Million Dollars

Wills must be probated, which is a court process. A trust is much more flexible than as will in many respects. First, it does not have to be...

If there is a Pod on Account ,is a survivng spouse entitled to 1/3 or does this fall under augmented law in any way in va

Pay on Death designations on accounts is a way of bypassing probate. The POD trumps the will or intestate succession and the named...

Am I responsible for a debt to get a lien removed if estate did not pay deb?

Typically a creditor must make a claim against an estate before probate is closed. You should check with a local Estate Planning attorney to get...

Where do i find a probate litigation attorney who works pro bono, has sliding scale or payment planes in New Mexico ?

Contact the University of New Mexico Law School. They have a legal clinic which might be able to assist you.

Trustee of My Trust denying to invade principal for Health issues Needed asap? Uncle left 3 Stipulations in Will.How to enforce?

You need to talk with an estate planning attorney. Take the trust documents with you so the attorney can review them and let you know what rights...

My parents are both deceased. I found a statement from a credit union in my father's name.

There is normally a spill over will that goes along with trusts. This will should guide you on how to handle the account. If you are unsure,...