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 spouse?  Did your parents co-sign the loan with you? If so, that person may continue to have an obligation to pay the … Read More

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 basis in fact.  What you might not realize is that those family conflicts can also become incredibly expensive.  It is … Read More

How can an attorney help you with probate?

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 systems and unfamiliar procedures.  That is one of the reasons many people turn to a lawyer for help with probate.  … Read More

Probate – I’m Scared of Probate, Is It Necessary?

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 small, and without complicating factors, can be completed in between four and six months. However, there are options for people who … Read More

Should I Create a Trust to Avoid Probate?

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, the trust document and not a Will controls the disposition of the assets and avoids the necessity of opening a … Read More

Will, Probate and Trust Litigation FAQs

It is very common for disputes about wills and trusts to arise after a loved one has passed away.  Sometimes people feel they were unjustly excluded or they have not received the inheritance they were entitled to.  To better help our clients prepare for these possible scenarios, here are some FAQs about will, probate and trust Litigation. Who is able … Read More

Why Can’t I Have a Trust?

When you open your newspaper and a pink flyer falls out telling you to come to a seminar about trusts, does that make you wonder why you do not have one too?  It seems like everyone has trusts these days.  Should everyone have trusts, as the flyer seems to imply?  Maybe I should have one and my lawyer just forgot … Read More