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PBWS - Albuquerque & Santa Fe Law Firm - Trust, Probate, Estate, Elder Law
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    • Ruth O. Pregenzer
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    • Albuquerque
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PBWS - Albuquerque & Santa Fe Law Firm - Trust, Probate, Estate, Elder Law
  • Home
  • Our Services
    • Estate Planning
    • Probate
    • Fiduciary Services
    • Guardianships & Conservatorships
    • Trust & Probate Litigation
    • Special Needs Trusts & Planning
    • Wills
    • Living Wills
    • Trust Administration
    • Special Education Law
    • Elder Law
    • Disability & Long Term Care Planning
    • Medicaid Planning
    • Business Planning
    • Tax Planning & Asset Protection
    • Family Law & Adoption
    • Real Estate Law
    • Spanish Language Services/Servicios y Representación en Español
  • Our Team
    • Ruth O. Pregenzer
    • Marcy G. Baysinger
    • Erin E. Wideman, CPA
    • Nell Graham Sale
    • Sara R. Traub, CPA
    • Margaret A. Graham
    • Bridget L. Mullins
    • Daniel J. Monte
    • Deborah Rupp Gonçalves
    • Thomas F. Blueher
    • Elliot F. Barela, CPA
    • Meet the PBWS Staff
  • News & Resources
    • Blog
    • Webinar Series
    • Events
    • Past Events
    • Resources
      • Client Forms
      • Community Partners
      • FAQ
      • Newsletters
      • Web Resources
  • Payments
  • Contact Us
    • Our Intake Process
    • Albuquerque
    • Santa Fe

  • PBWS Attorney Named to Special Needs Alliance

    special needs alliance By PBWS Attorneys January 08, 2021 facebook twitter

    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…

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  • Why Everyone Needs A Will

    estate planning , living will , trust By PBWS Attorneys December 09, 2020 facebook twitter

    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…

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  • Paying Family Members to Provide Care for Special Needs Individuals

    dd waiver , elder law , New Mexico attorney , special needs law By PBWS Attorneys December 09, 2020 facebook twitter

    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…

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  • Understanding child custody rights when going through a divorce

    custody issues , family law , legal custody , legal services , new mexico By Bridget L. Mullins December 03, 2020 facebook twitter

    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…

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  • COVID-19 Virus Concerns for a Law Practice

    COVID-19 , estate plannning , guardianship , litigation , new mexico , probate By Marcy G. Baysinger September 17, 2020 facebook twitter

    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…

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  • Frauds and Scams Are Increasing Against Elderly Individuals and Individuals with Disabilities

    conservatorship , elder law , Frauds and Scams , guardianships , special needs By Kellie Knapp August 25, 2020 facebook twitter

    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…

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  • PBWS Law Hosts Free Webinar Series

    albuquerque , co-parenting , conservatorship , divorce , estate planning , guardianships , medicaid , probate , webinar By Kellie Knapp August 05, 2020 facebook twitter

      Join our attorneys for a free webinar series! You can sign up for any of the webinars in the events section located here. …

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  • CARES Act: Required Minimum Distributions (“RMDs”) for 2020

    CARES act , Coronavirus , COVID-19 , new mexico , RMDs By Sara Traub August 04, 2020 facebook twitter

    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…

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  • When Is It Time to Revise Your Will or Trust?

    By Tom Blueher July 16, 2020 facebook twitter
    When Is It Time to Revise Your Will or Trust? image

    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.

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  • A Lesson in Elder Financial Abuse: It Can Happen to Anyone

    elder law , estate planning , trust By Daniel Monte July 13, 2020 facebook twitter

    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…

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  • How Will Divorce Affect My Credit Score?

    By Bridget L. Mullins June 29, 2020 facebook twitter
    How Will Divorce Affect My Credit Score? image

    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…

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  • Why Now is the Time to Start (Or Refresh) Your Estate Plan - And How to Get Started

    By PBWS Attorneys June 24, 2020 facebook twitter
    Why Now is the Time to Start (Or Refresh) Your Estate Plan - And How to Get Started image

    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…

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  • PBWS Law Recognized as a "Best Place to Work" for 2020

    By PBWS Attorneys June 23, 2020 facebook twitter

    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. …

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  • Summary of the SECURE Act and Retirement Savings: What You Should Know

    By Sara Traub June 22, 2020 facebook twitter
    Summary of the SECURE Act and Retirement Savings: What You Should Know image

    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…

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  • How to Make Life More Enjoyable Through Prolonged Quarantine

    COVID-19 , legal services , new mexico , quarantine By PBWS Attorneys June 01, 2020 facebook twitter
    How to Make Life More Enjoyable Through Prolonged Quarantine image

    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.

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  • Webinar: Planning Ahead for Dementia Caregivers

    By PBWS Attorneys May 22, 2020 facebook twitter

    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…

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  • Erin Wideman, PBWS Managing Partner, in Albuquerque Journal Regarding Wills

    By PBWS Attorneys May 20, 2020 facebook twitter

    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…

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  • Webinar: Special Needs Planning 2020 Update

    albuquerque law firm , family law By PBWS Attorneys May 19, 2020 facebook twitter

    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,…

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  • Legal Custody v. Physical Custody

    custody , family law , legal custody , physical custody By PBWS Attorneys May 15, 2020 facebook twitter
    Legal Custody v. Physical Custody image

    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…

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  • Estate Planning Signing Safeguards

    albuquerque law firm , COVID-19 , estate planning attorney , estate planning safeguards , santa fe law firm , social distance By Kellie Knapp April 23, 2020 facebook twitter

    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…

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  • PBWS Law Attorney Daniel Monte Speaks to Albuquerque Business First About Real Estate Issues During COVID-19

    By PBWS Attorneys April 22, 2020 facebook twitter

    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…

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  • PBWS Attorney Daniel Monte Offers Advice to Business Owners Struggling to Pay Rent

    By PBWS Attorneys April 17, 2020 facebook twitter

    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…

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  • Kinship Guardianship: What to Know For Grandparents Who Have Legal Custody of Their Grandchildren

    By PBWS Attorneys April 16, 2020 facebook twitter
    Kinship Guardianship: What to Know For Grandparents Who Have Legal Custody of Their Grandchildren image

    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…

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  • PBWS Attorney Wesley Enns Provides Tips on Co-Parenting During the Coronavirus Pandemic

    By PBWS Attorneys April 10, 2020 facebook twitter

    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.

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  • Co-parenting During COVID-19

    By PBWS Attorneys April 01, 2020 facebook twitter

    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…

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  • PBWS Law COVID-19 Update: Our Commitment to You

    albuquerque law firm , COVID-19 , santa fe law firm By PBWS Attorneys March 27, 2020 facebook twitter

    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…

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  • How Divorce Can Affect Your Finances Later in Life

    By PBWS Attorneys March 10, 2020 facebook twitter
    How Divorce Can Affect Your Finances Later in Life image

    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…

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  • What Is Co-Parenting and Why Is It Important?

    By PBWS Attorneys November 20, 2019 facebook twitter

    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…

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  • Get Along With Your Ex for Your Kids’ Sake

    By PBWS Attorneys November 13, 2019 facebook twitter

    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.

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  • Where Should I Keep My Estate Planning Documents?

    By Daniel Monte November 08, 2019 facebook twitter

    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…

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  • I was just served divorce papers. What do I do next?

    By PBWS Attorneys November 07, 2019 facebook twitter

    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,…

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  • 5 Ways to Be a Better Caregiver When a Loved One Gets Sick

    By Sara Traub October 14, 2019 facebook twitter

    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…

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  • Does Common Law Marriage Exist in New Mexico?

    By PBWS Attorneys October 10, 2019 facebook twitter

    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…

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  • What to Expect Once Your Divorce is Finalized

    By PBWS Attorneys October 07, 2019 facebook twitter

    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…

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  • Choosing Fiduciaries from a Litigator's Perspective

    By Marcy G. Baysinger October 01, 2019 facebook twitter

    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…

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  • 5 Things to Know Before Your Initial Appointment with a Divorce Attorney

    By PBWS Attorneys September 24, 2019 facebook twitter

    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…

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  • What is a MOST Form and Do I Need One?

    By Erin E. Wideman September 23, 2019 facebook twitter

    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…

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  • Pregenzer, Baysinger, Wideman & Sale, PC Announce Two New Attorneys

    By PBWS Attorneys August 27, 2019 facebook twitter

    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,…

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  • What Happens to My Debt When I Die?

    By Bridget L. Mullins July 29, 2019 facebook twitter

    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…

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  • Common Mistakes Made When Estate Planning Without a Legal Professional

    By Daniel Monte July 08, 2019 facebook twitter

    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…

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  • Update on Special Needs Planning Seminar 2019 Video and Handouts (June 26 & 27, 2019)

    By PBWS Attorneys July 03, 2019 facebook twitter

    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…

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  • You Do Not Have to Wait Until You Die to Share

    By Sara Traub June 24, 2019 facebook twitter

    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…

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  • What is the DD Waiver and Why Does it Matter for Special Needs Families?

    By Margaret A. Graham June 10, 2019 facebook twitter

    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…

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  • Is a Power of Attorney Right for a Person with an Intellectual or Developmental Disability?

    By Margaret A. Graham May 13, 2019 facebook twitter

    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…

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  • Using Estate Planning to Prevent Family Conflict

    By Daniel Monte November 15, 2018 facebook twitter

    “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…

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  • 3-Part Vlog Series on Guardianship: Part III

    By Bridget L. Mullins November 02, 2018 facebook twitter

    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…

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  • Final Regulations Applicable to Eligibility for VA Needs-Based Benefits

    By Sara Traub November 02, 2018 facebook twitter

    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…

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  • Engagement Ring: Who Gets To Keep It?

    By PBWS Attorneys September 06, 2018 facebook twitter

    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…

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  • Swedish Death Cleaning

    By Sara Traub July 11, 2018 facebook twitter

    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…

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  • 3-Part Vlog Series on Guardianship: Part II

    By Bridget L. Mullins June 29, 2018 facebook twitter

    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…

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  • The Attorney-Client Privilege: When Does It Exist?

    By Margaret A. Graham June 13, 2018 facebook twitter

    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…

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  • 3-Part Vlog Series on Guardianship: Part I

    By Bridget L. Mullins May 15, 2018 facebook twitter

    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…

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  • Summary of Senate Bill 19: Guardianship, Conservatorship, and Other Arrangements Act - Part II

    By Sara Traub April 19, 2018 facebook twitter

    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…

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  • Update on Special Needs Planning Seminar 2018 Video and Handouts (April 11, 2018)

    By Kellie Knapp April 18, 2018 facebook twitter

    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 &…

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  • Summary of Senate Bill 19: Guardianship, Conservatorship, and Other Arrangements Act - Part I

    By Sara Traub April 05, 2018 facebook twitter

    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…

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  • Care-Taker Roles Reverse

    By Margaret A. Graham April 04, 2018 facebook twitter

    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…

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  • Who Should I Appoint As My Fiduciary?

    By Daniel Monte March 21, 2018 facebook twitter

    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…

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  • What is a Fiduciary?

    By Daniel Monte March 07, 2018 facebook twitter

    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…

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  • PBWS Tenth Anniversary

    By Marcy G. Baysinger February 21, 2018 facebook twitter
    PBWS Tenth Anniversary image

    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…

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  • Intra-Family Conflict After Death – It Can Be Expensive

    By Bridget L. Mullins February 16, 2018 facebook twitter

    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…

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  • Serving the Public Good

    By Marcy G. Baysinger February 02, 2018 facebook twitter

    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…

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  • People’s Motivation to Do Estate Planning

    By Sara Traub January 26, 2018 facebook twitter

    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…

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  • Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 3

    By PBWS Attorneys January 12, 2018 facebook twitter

    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…

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  • Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 2

    By PBWS Attorneys December 29, 2017 facebook twitter

    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…

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  • Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 1

    By PBWS Attorneys December 15, 2017 facebook twitter

    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…

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  • 3 Simple Tips for Enjoying the Holidays with Special Needs Kids

    By Margaret A. Graham December 01, 2017 facebook twitter

    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…

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  • Reverse Mortgages - What Are They and Are They Right For You?

    By Erin E. Wideman October 23, 2017 facebook twitter

    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…

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  • What Are the "Powers" in Powers of Attorney?

    By Bridget L. Mullins October 13, 2017 facebook twitter

    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…

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  • 7 Things You Don’t Know About a Special Needs Parent

    By Margaret A. Graham September 13, 2017 facebook twitter

    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…

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  • Giving Myself Elder Law Advice

    By Marcy G. Baysinger August 30, 2017 facebook twitter
    Giving Myself Elder Law Advice image

    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…

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  • How can an attorney help you with probate?

    By Bridget L. Mullins August 02, 2017 facebook twitter

    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…

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  • Charitable Giving and Tax Benefits

    By Sara Traub July 18, 2017 facebook twitter

    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…

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  • Medicare Eligibility After Hospital Observation Status

    By Margaret A. Graham June 12, 2017 facebook twitter

    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…

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  • Alternative Dispute Resolution and Divorce

    By PBWS Attorneys May 30, 2017 facebook twitter

    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.

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  • Probate - I'm Scared of Probate, Is It Necessary?

    By Bridget L. Mullins May 15, 2017 facebook twitter

    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…

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  • Powers of Attorney - What They Are and Why You Need Them

    By Sara Traub May 01, 2017 facebook twitter

    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…

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  • Special Needs Trust Fairness Act (SNTFA)

    By Erin E. Wideman April 24, 2017 facebook twitter

    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…

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  • Special Needs Children - Know the Types and Know Your Rights

    By Margaret A. Graham April 10, 2017 facebook twitter

    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…

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  • The Alzheimer's Association Report - Increasing Costs and Impact

    By Marcy G. Baysinger March 27, 2017 facebook twitter

    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…

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  • Do You Need A Trust?

    By Sara Traub January 30, 2017 facebook twitter

    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…

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  • When Should You Review Your Estate Planning Documents?

    By Nell Graham Sale January 20, 2017 facebook twitter

    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…

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  • Is there an age limit for special needs trusts?

    By Erin E. Wideman December 28, 2016 facebook twitter

    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…

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  • Five Truths and One Lie About Guardianship

    By Marcy G. Baysinger December 12, 2016 facebook twitter

    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…

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  • When is a trust necessary or helpful?

    By Nell Graham Sale November 23, 2016 facebook twitter

    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,…

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  • Having Difficult Conversations with Your Aging Parents

    By Margaret A. Graham November 16, 2016 facebook twitter

    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…

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  • Community Service: The Constitution for 4th

    By Sara Traub November 04, 2016 facebook twitter

    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…

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  • Should I Create a Trust to Avoid Probate?

    By Nell Graham Sale October 12, 2016 facebook twitter

    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,…

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  • Reflections on a Law Firm

    By Ruth O. Pregenzer September 28, 2016 facebook twitter

    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…

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  • Medical Treatment for the Elderly - Less Can Be More

    By Marcy G. Baysinger September 14, 2016 facebook twitter

    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…

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  • How is a revocable trust funded? Should all assets be transferred to a revocable trust?

    By Nell Graham Sale August 02, 2016 facebook twitter

    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…

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  • Moving to a New State Can Get Complicated

    By Nell Graham Sale July 20, 2016 facebook twitter

    Posted on July 5, 2016 by The Arc. To read the original article, please click HERE.  By Wendy H. Sheinberg, CELA written…

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  • What does a will do and why should I have one?

    By Erin E. Wideman June 16, 2016 facebook twitter

    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…

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  • What is the criteria for a legal will in New Mexico?

    By Erin E. Wideman June 13, 2016 facebook twitter

    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…

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  • Proud to be a Certified Elder Law Attorney

    By Nell Graham Sale June 07, 2016 facebook twitter

    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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  • 9 Summer Safety Tips

    By Margaret A. Graham June 02, 2016 facebook twitter

    The recipe for summer fun looks a little something like this: 1/3 preparation, 1/3 spontaneity and 1/3 awesome people to share it all. If only staying safe this summer were that simple. Between sunburns and the waves of nausea that erupt during long…

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  • Do I need a trust?

    By Nell Graham Sale May 31, 2016 facebook twitter

    Just yesterday, I was asked by a friend “Do you think that I need a trust?” “Well,” I said, in my usual lawyerly fashion, “it depends.” In our law firm, we draft many trusts for many different reasons. We also…

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  • Preparing for Cognitive Decline - Powers of Attorney and Moving to a Protected Paradise

    By Marcy G. Baysinger May 20, 2016 facebook twitter

    Dementia is a frightening disease, the last thing you want to feel is scared, isolated, and restricted. Ever wonder if there is a better, more creative way to provide care for a loved one diagnosed with dementia?…

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  • Organ Donation - Best to Include in Advanced Health Care Directive

    By Margaret A. Graham April 14, 2016 facebook twitter

    Organ donation can be a difficult subject to discuss with family members, and can be an even more difficult subject when family members are faced with the decision after a loved one’s death.  However, donating an organ or even…

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  • Committed to Community Service

    By Marcy G. Baysinger April 07, 2016 facebook twitter

    I attended the Alzheimer’s Association New Mexico Chapter’s Dancing Stars Gala on Saturday night. As a member of the Board, I am sure I am somewhat biased, but this organization does great work. The Gala showcases members of…

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  • Developmental Disabilities Awareness Month: 3 Ways to Recognize, Celebrate, and Support People with Special Needs

    By Erin E. Wideman March 14, 2016 facebook twitter

    March is Developmental Disabilities Awareness Month! While many advances have been made for people with developmental disabilities, there is still a long road ahead. In the Special Needs Alliance article, Robert B. Fleming, discusses advances and setbacks surrounding developmentally…

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  • PBWS Attorney Named to Special Needs Alliance
  • Why Everyone Needs A Will
  • Paying Family Members to Provide Care for Special Needs Individuals
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  • Webinar: Planning Ahead for Dementia Caregivers
  • Erin Wideman, PBWS Managing Partner, in Albuquerque Journal Regarding Wills
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  • Legal Custody v. Physical Custody
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  • PBWS Attorney Named to Special Needs Alliance January 8, 2021
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