What Happens to My Debt When I Die?
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…
General Information
3-Part Vlog Series on Guardianship: Part III
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…
Final Regulations Applicable to Eligibility for VA Needs-Based Benefits
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…
Swedish Death Cleaning
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…
The Attorney-Client Privilege: When Does It Exist?
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…
Update on Special Needs Planning Seminar 2018 Video and Handouts (April 11, 2018)
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 &…
Who Should I Appoint As My Fiduciary?
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…
What is a Fiduciary?
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…
Intra-Family Conflict After Death – It Can Be Expensive
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…
Serving the Public Good
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…
Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 3
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…
Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 2
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…
Alternative Dispute Resolution for Seniors and Their Families - Blog Series Part 1
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…
3 Simple Tips for Enjoying the Holidays with Special Needs Kids
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…
Reverse Mortgages - What Are They and Are They Right For You?
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?
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…
Special Needs Children - Know the Types and Know Your Rights
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…
When Should You Review Your Estate Planning Documents?
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…
Is there an age limit for special needs trusts?
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…
Five Truths and One Lie About Guardianship
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…
Community Service: The Constitution for 4th
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…
Reflections on a Law Firm
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…
Moving to a New State Can Get Complicated
Posted on July 5, 2016 by The Arc. To read the original article, please click HERE. By Wendy H. Sheinberg, CELA written…
9 Summer Safety Tips
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…
Committed to Community Service
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…
Elevator Pitch
It happened again last Friday, at a Starbucks. Someone asked me what kind of law I practice. No matter how many times I am asked that simple question, I panic. I’ve never been able to come up with an effective…
Aid in Dying in New Mexico
No, New Mexico does not allow physician Aid in Dying…yet. This is a controversial and extremely polarized subject. Where some consider physician Aid in Dying to be assisted suicide, others look at it as opportunity to die with dignity. Oregon…
Why do we Worry About a Conflict of Interest?
In our law practice, we represent family members. When we are retained, it often has something to do with our client’s relationship with his or her family. Families are organic and they have systemic issues that date back for many…
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