ABLE Accounts and Special Needs Trusts serve different purposes but can be used together to give the beneficiary the most freedom and independence possible. An ABLE Account is a tool that was created by federal law (the same…
Photo by Emanuela Picone on Unsplash Springtime is here again, and this year it feels different. In spring 2020, plants were bursting with life as we humans hunkered down in effort to preserve our own in the face…
During the 2020 election campaign, President Joe Biden proposed certain changes to the Internal Revenue Code, which among other things, could change the current law on estate and gift taxation. There are two possibilities you should be…
Thinking of getting engaged this Valentine’s Day? You are not alone! Valentine’s Day is one of the most popular days to pop the question. Love often makes us see the world through rose-colored glasses with romantic notions and…
As a family law attorney, one of the most common questions I get asked from my friends and family is, “Do you have to have an attorney for a divorce or custody case?” And the answer is: it depends!…
Elder care can be challenging for families to navigate. Whether they arrange care at home or decide to move a loved one into a facility, families want to make sure their loved ones are well cared…
PBWS Attorney Named to Special Needs Alliance Albuquerque, NM — January 6, 2021 — Attorney Margaret A. “Peggy” Graham of the law firm of Pregenzer, Baysinger, Wideman and Sale, PC (PBWS Law) has been selected as the newest…
Between one-third and two-thirds of Americans do not have a will — a legally binding document that records your wishes about the distribution of your property and assets after your death. Wills are not…
The Special Needs Alliance recognizes, paying a relative to care for a family member with disabilities can solve several challenges. This solution allows the individual requiring care to remain at home, where they likely…
Often the most stressful aspects of divorce for people who have children is custody and visitation. Here are some general principles to keep in mind if you find yourself in this type of situation. New Mexico law presumes…
The legal needs of New Mexicans did not go away when COVID-19 came calling and disrupted everyone’s lives. In fact, the virus made legal issues more urgent, particularly for individuals who needed an estate…
According to The Special Needs Alliance’s publication, The Voice, financial fraud is on the rise for those individuals with special needs or disabilities. Financial abuse can be devastating to anyone, but individuals with disabilities and elderly individuals…
Join our attorneys for a free webinar series! You can sign up for any of the webinars in the events section located here. …
The Coronavirus Aid, Relief, and Economic Security Act or “CARES” Act enacted by Congress and signed into law by President Trump on March 27, 2020, aimed to provide financial relief and incentives to…
When completing a Will or Trust, oftentimes people believe it will never need to be changed. But typically, life is filled with changing circumstances, and it is important to revise your Will or Trust following major changes in your life.
Larry was 84-years old when he passed away last year. His wife of 62 years died in 2018. His only child, David, lived overseas and he had no other living family. Larry was fiercely independent and was reluctant to…
As a family law attorney, a common question clients ask is, “How will the divorce affect my credit score?” The answer is: it depends. Below I discuss some factors in which divorce may affect your credit score. The Marital Settlement…
There are any number of reasons why people put off their estate planning. We’ve heard it time and again: I do not need a will. I am young, I am healthy. I cannot afford it right now. I…
Pregenzer, Baysinger, Wideman & Sale, PC is pleased to announce that they have been named one of 31 finalists in “Best Places to Work 2020” in New Mexico by Albuquerque Business First. …
The most significant change to estate planning law in 2019 was the passage of the SECURE Act in late December. The Act is intended to increase and encourage retirement savings. Benefits of the SECURE Act to…
As quarantine for COVID-19 continues, many people are wondering how much longer they can stand it. But there are ways that seniors, caregivers, and parents can help make the stay-at-home orders bearable for those that still need to stay home.
On Tuesday, May 19, 2020, PBWS attorneys Daniel J. Monte and Margaret A. “Peggy” Graham joined the Alzheimer’s Association of New Mexico to present a webinar to their Dementia Caregivers group discussing legal options…
Many individuals are seeking to update their existing wills or start their estate plans due to the uncertainties around COVID-19. Erin Wideman, Managing Partner at Pregenzer, Baysinger, Wideman & Sale, spoke with The Albuquerque Journal about why the pandemic is…
On May 7, 2020, the attorneys of PBWS presented an update on Special Needs Planning, with a focus on: The ABLE Act IEPs special education Medicaid/Medicare the SECURE Act family law If you missed the Webinar,…
If you are involved in a custody proceeding in New Mexico, you will most likely hear the terms “legal custody” and “physical custody”. These two terms mean completely different things, are not interchangeable, and are often…
With the world in disarray due to COVID-19, you may feel more pressure than ever to ensure your estate planning documents and powers of attorney are updated and in place. In times of uncertainty, it is the small…
PBWS Law attorney Daniel J. Monte was interviewed by Albuquerque Business First regarding how tenants and landlords can both approach issues of paying or collecting rent during the economic downturn caused by…
On April 15, PBWS attorney, Daniel J. Monte, spoke with Kai Porter of KOB TV News in Albuquerque regarding what business owners who are struggling to pay rent during the stay-at-home order…
Grandparents who care for their grandchildren on a full-time basis are able to obtain custody of their grandchildren under New Mexico law. The term for this type of custody is Kinship Guardianship and allows for grandparents…
Wesley L. Enns, Associate Attorney at PBWS, recently spoke with KRQE News in Albuquerque regarding tips on co-parenting during the coronavirus pandemic. You can watch the clip below.
Co-parenting with your child’s other parent can be stressful on a good day. Add in a worldwide pandemic, and the concept of co-parenting seems overwhelming and impossible. The most important thing you can do for your child right…
During these uncertain times, Pregenzer, Baysinger, Wideman & Sale, PC (“PBWS”), is committed to providing ongoing services and reassurance for our clients. We understand there are many legal questions that may arise during this crisis, and our clients and members…
Divorce is generally a tumultuous time, no matter when it occurs. Financial issues are a common cause of strain during the divorce process, from how resources will be divided to alimony or childcare payments and which assets are…
Co-parenting is when two parents, who are not in a relationship, share the parenting duties for their child. Joint legal custody is very common in New Mexico, and this means both parents must communicate and work together to make joint…
Break-ups are hard, even more so if children are involved. Maybe you and your husband or wife of 15 years just separated, or you and your long-term partner just broke up, or you just got out of a volatile relationship.
Esther was 78-years-old when she passed away peacefully in her sleep. She was a widow and the mother of four children. Esther had always been a very private person who shared very little with her children about her finances, her…
You were just served divorce papers. You were most likely served with a Summons, Temporary Domestic Order, and the Petition for Dissolution of Marriage. First – take a deep breath and try not to panic. The divorce process is stressful,…
Did you know, more than 40 million Americans are caring for a loved one, whether it be an elderly parent or another family member. No one is ever prepared to become a caregiver. Caregiving is often a full-time job, yet…
The short answer is no, with one exception. Common Law Marriage is defined as a couple living together for a period of time and holding themselves out to friends and family as “being married,” but not having actually obtained a…
Congratulations! Your divorce is final! You have made it through one of the most stressful times of your life. What do you do next? The divorce process lays out how the marital assets are divided and…
An essential part of estate planning is the selection of fiduciaries—those persons who will carry out your wishes; your agent, personal representative, or successor trustee. What is a fiduciary? A fiduciary is…
You or your spouse may have decided to initiate divorce and now you are getting ready to meet with your divorce attorney. It can be a daunting process and it certainly can…
MOST is an acronym for “medical orders for scope of treatment” and is specific to New Mexico. A MOST form is a great tool for outlining patients’ wishes for medical interventions and end-of-life care when individuals have a serious or…
Wesley L. Enns and Jensen N. Wallace Join the Team September 3, 2019 ALBUQUERQUE — August 27, 2019 — The attorneys at Pregenzer, Baysinger, Wideman & Sale, PC (PBWS Law), a woman-owned law firm specializing in estate planning,…
I have a classic lawyer answer to this question- it depends. Here are some factors to consider when thinking about this question: Do you co-own the debt with another person? Is it a joint credit card with your…
A close friend of mine and his wife obtained estimates from two contractors to remodel their kitchen. Shocked by the estimates, my friend somehow convinced his wife (and himself) that he had all of the necessary tools and the skills…
The Update on Special Needs Planning Seminar was held on Wednesday, June 26, 2019, in Santa Fe, New Mexico, and Thursday, June 27, 2019, in Albuquerque, New Mexico. The seminar was hosted at the DoubleTree Hilton and New Mexico CPA…
Recently my dad relayed to my sister and I that after his death, he has a playlist of songs he wants all of us kids to have to remember him by. He went on to say that he has an…
The DD Waiver is the Developmentally Disabled Waiver in New Mexico. It is a Medicaid program that provides services to qualifying individuals with intellectual and developmental disabilities. Often people ask what the “waiver” part means. One of the qualifying questions…
Not every person with an intellectual or developmental disability is unable to make health care and/or financial decisions. The impact and spectrum of disabilities varies widely from person to person and diagnosis to diagnosis. One person with Down Syndrome may…
“My kids all get along great and would never fight or argue about the disposition of my estate after I’m gone.” This is a very familiar statement made by clients to their estate planning attorneys. Unfortunately, the reality is…
Our firm is pleased to announce the final vlog, Part III in our 3-Part Series on Guardianship. In Part III, Kellie Knapp, talks with PBWS attorney, Bridget Mullins, to ask four final questions about guardianship in the state of New…
The U.S. Department of Veteran Affairs (VA) proposed new regulations in 2015 regarding net worth, asset transfers, and income exclusions for needs-based VA benefits. These regulations have been finalized and are effective as of October 18, 2018. A couple of…
People often wonder if they have to return the diamond ring if the engagement is called off. The answer in New Mexico, as in most other states, is a resounding “it depends”. However, it is usually a pretty…
A client of mine recently brought up “Swedish Death Cleaning,” which is a concept that is trending with the fairly recent release of a book entitled The Gentle Art of Swedish Death Cleaning: How to Free Yourself and Your Family…
Our firm is happy to share Part II in a 3-Part Series on Guardianship. In Part II, Firm and Marketing Manager, Kellie Knapp, talks with associate attorney, Bridget Mullins, to ask four more questions about guardianship in the state of…
Much is talked about in the legal world about the “attorney-client privilege” and what exactly it entails. The rules of evidence are lengthy and complicated. Law students devote countless hours trying to figure them out and lawyers and judges routinely…
Pregenzer, Baysinger, Wideman & Sale, PC presents a 3-Part Series on Guardianship: Part I. In Part I, Firm and Marketing Manager, Kellie Knapp, sits down with attorney, Bridget Mullins, to ask four basic questions about guardianship in the state of…
This is the second part of a 2-part series about Senate Bill 19 in New Mexico. The second part will discuss the effect of the changes the new provisions of Senate Bill 19 has on the Guardianship and Conservatorship statute…
The Update on Special Needs Planning Seminar was held on Wednesday, April 11, 2018 in Albuquerque, New Mexico. The seminar was hosted at the New Mexico Society of CPAs from 3:00pm to 5:00pm. Presented by: Pregenzer, Baysinger, Wideman &…
This is the first part of a 2-part series about Senate Bill 19 in New Mexico. The first part will discuss the new provisions of Senate Bill 19. Senate Bill 19, sponsored by Senator White, passed and was approved by…
Generally speaking we don’t plan on spending a Saturday afternoon in the local Emergency Department. However, as parents age, we as their adult children find ourselves more and more in the care-taker role, which often means accompanying them to doctor’s…
As part of a comprehensive estate plan, each one of us should appoint fiduciaries to act on our behalf in the event that we are no longer able to do so during life or at our death. Simply appointing a…
A fiduciary is an individual or an entity in whom someone has placed significant confidence and trust to manage his or her financial and/or personal affairs either during their lifetime or after their death. The fiduciary has a legally enforceable…
Pregenzer Baysinger Wideman & Sale is approaching an exciting milestone—our tenth anniversary! Our firm opened for business on August 4, 2008. You may remember 2008, the year that the U.S. economy almost collapsed. In September of that year, when our…
We all hear horror stories about siblings becoming estranged after the death of a parent because they couldn’t agree about who should get their mom’s teapot. Unfortunately, most estate planning and probate attorneys can tell you these stories have a…
Lawyers have an ethical responsibility to provide pro bono services to indigent or other deserving clients. Rule 16-601 says that a lawyer should aspire to at least 50 pro bono publico (“for the public good”) legal services per year. “For…
There are many reasons clients are motivated to do their estate planning, but the two I hear most are they are going to be travelling, usually overseas, or they have an upcoming surgery. Nothing like flying across the ocean or…
This is the third and final installation of the 3-part series: Alternative Dispute Resolution for Seniors and Their Families. Taking into account the previous questions addressed in this series, we will be discussing how to work through disputes with family…
Continuing on in the 3-part series: Alternative Dispute Resolution for Seniors and Their Families, we are building off the first part where we discussed why a family would need to resolve a dispute and the common disputes that arise when…
This is the first part of a 3-part series dealing with common questions when it comes to issues with seniors, their families, and alternative dispute resolutions. This first part we will discuss why a family might need to go down…
Tis the Season- Holidays can be a stressful time in general, but particularly for children with a disability such as autism, Asperger’s or a sensory processing disorder. All of the hyped-up energy, excitement and new adventures is multiplied by…
What is a reverse mortgage? Created in 1989 by the US Department of Housing and Urban Development, a reverse mortgage is a home-equity loan for homeowners that are aged 62 or older. A reverse mortgage allows a homeowner to access…
What are the “powers” in Powers of Attorney? It is very common for clients to say to us, “My mom/dad/friend/sister/etc. just made me their Power of Attorney. What does that mean?” Here are some general rules to keep in…
About 6 million kids in America receive special education, according to the U.S. Department of Education. One out of every 10 children under the age of 14 has some type of special need, which includes any physical, cognitive, or…
There is a saying that when a lawyer represents themselves they have a fool for a client. Giving myself elder law advice as I navigate the aging process with my elderly parents is proving it. How many times have I…
When a loved one passes away, families often face a huge amount of logistical hassles and tasks in the midst of their grief. The last thing you want to deal with on top of all the other arrangements are court…
Do you have a charity that is close to your heart? Maybe your church, your favorite animal shelter, or your alma mater. Consider including them in your estate plan and/or in lifetime gifts. If you don’t have a particular charity…
Hospitals must now give Medicare recipients notice when they are in the hospital under observation status. The notice requirement is part of a law enacted in 2015 but that just took effect. Signed by President Obama in August 2015, the…
The Ugly There are many unflattering descriptions of the divorce process: “Knock down/drag out”, “scorched earth”, fight to the death”, “battle” and so on. Sadly, many divorces live up to these pejorative terms. Former partners fight for months or years.
Scared of Probate?! First of all, you probably shouldn’t be. Probate in New Mexico is not that expensive or overly drawn-out process that you might have heard about in other states. The cost of opening probate in New Mexico is…
Do you have financial and healthcare powers of attorney? Most people equate estate planning only with dying, but there are other important components of an estate plan that are relevant while you are alive, one of those is powers of…
The Special Needs Trust Fairness Act (SNTFA) was signed into law by President Obama, after being approved by the House and Senate, in 2016. While Special Needs Trusts have been since the Omnibus Reconciliation Act was passed in 1993, there…
18.5% of American Children under age 18 are Special Needs Children. That doesn’t mean that they aren’t smart, talented or capable. Just that they have specific challenges that a “normal” student would not face. There are four major types of…
The Alzheimer’s Association released a report on March 7, 2017 with updated statistics related to the number of Americans with Alzheimer’s dementia and the growing cost and impact of the disease on families and the economy. Some startling findings: Unless…
Many clients come to us because they have heard they should have a trust. The usual reason for this is to avoid probate. Although trusts can accomplish the purpose of avoiding probate, if this is the only purpose to be…
First, let’s clarify what your estate planning documents are. Of course, they include your Will and any Codicils, and perhaps your trust or trusts. But they also include any powers of attorney (both financial and health care) as well as…
As usual, the answer is, it depends. Special Needs Trusts (SNTs) are a way to save money for disabled persons that do not risk a person’s eligibility for government funded programs, such as Medicaid and Supplemental Security Income (SSI). There…
Guardianship and conservatorship is the process where a court authorizes another to make decisions for someone who is incapacitated; i.e., someone who is partially or completely functionally impaired to the extent that he is unable to manage his/her personal and/or…
There are many causes of mental and physical incapacity and there are many people who are very bad a managing money, and for one reason or another, should not be left in charge of their own investments. In these cases,…
When Elder Law is a primary focuses of your law practice, you often have clients come to you to discuss their aging parents. They start seeing the signs: the yard is not being cared for the house is…
Working for the law firm Pregenzer, Baysinger, Wideman & Sale allows me to participate in different pro bono activities in our community. Last month I had the opportunity to talk to a class of 4th graders about the Constitution. The…
Avoiding probate is a common reason for creating trusts. One thing to note is that only a funded trust will avoid probate. Meaning, only assets that have been transferred and titled in a trust will avoid probate. When properly funded,…
A little over eight years ago four lawyers of diverse background and experience decided to open a law firm. Each of us had personal reasons for making a change but important to all of us was a belief that we…
Sometimes, what may be considered “best medical practices” is not in our elderly family members’ best interest. I’m not talking about the so-called “death panels” used to frighten the public about universal health care. Rather, I’m talking about the toll…
Trusts are funded by re-titling or transferring title by deed or assignment of individual assets to the revocable trust. Assets may include stocks, bank accounts, real estate, timeshare interests, or business interests. Once assets are transferred into the trust, a…
Posted on July 5, 2016 by The Arc. To read the original article, please click HERE. By Wendy H. Sheinberg, CELA written…
A will, also known as a “last will and testament”, is a legal document that gives instructions to an agent, known as a personal representative in New Mexico, about how to distribute your assets at your death to people and/or…
Each state has different criteria for wills to be legal or valid. It is important to understand your state requirements when executing a Will. For a will to be legal in New Mexico: -You must be over the age…
Last week I received an email from the new President of the Board of Directors of the National Elder Law Foundation (NELF). As a Certified Elder Law Attorney (CELA) myself, his words struck a chord with me. As CELAs, we…
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