New Mexico Estate Plans & Probate Administration

Our expert estate planning attorneys can assist you in creating an estate plan that allows you to decide how to dispose of your property and decide who you would like to carry out your plans. With an emphasis on probate avoidance, our attorneys can provide a variety of estate planning options that we customize to each client’s individual needs. Give our office a call for a free estate planning consultation.

All of our estate plans will include the following documents:

Last Will & Testament

Most people are familiar with a last will and testament. A last will and testament allows an individual to decide who will get their property and allow the individual to designate things such as who they would like to administrate their estate and who they would like to serve as guardian in the event of minor children. Even if an individual is trying to avoid probate, we always recommend having a last will and testament as a safety net in case assets are not re-titled in such a way as to avoid probate. Here are some helpful articles that answers many of the questions our client have regarding their estate plan and a last will.

• Frequently Asked Questions About Wills in New Mexico
• Do you need more than a will?
• What happens when a person dies without a will (intestacy)?
• What you can’t do with a will.

Durable Financial Power of Attorney

A durable financial power of attorney is one that allows an agent to act on behalf of the principal when the principal becomes incapacitated; this means that the agent can do things like pay bills for the principal if the principal is unable to do so herself. A financial power of attorney is also a good place for an individual to nominate a conservator should one ever be needed. We include a durable power of attorney as part of every complete New Mexico estate plan we draft.

Health Care Power of Attorney & Living Will (Advanced Directives)

A health care power of attorney and living will allows an individual to decide how they want to be treated with regard to end of life treatment and/or to designate an individual to make such decisions on the individual’s behalf. Below are some helpful articles regarding healthcare powers of attorney and living wills:

• Choosing an Agent for Your Health Care Directives
• Understanding Living Wills and Powers of Attorney
• Will Your Advanced Care Directive Be Honored in Another State?
• New Mexico Law on Living Wills and Health Care Directives

Although many clients may not need more than the above estate plan documents, most individuals seek to avoid probate as part of their estate plan which requires re-titling of assets. More complicated estates generally benefit from the use of a trust.

New Mexico Living Trust

There are many good reasons why an individual may decide to create a trust and while a living trust may not be the right choice for everyone, we can help those who make the decision to implement one. Below are some helpful article for those with questions about a living trust.

• Living Trusts and Probate Avoidance
• Frequently Asked Questions About Living Trusts
• Other Benefits of Living Trusts

New Mexico Probate

Probate is process that is required to transfer property of a deceased person when that person left property that was titled in their name alone; this includes bank accounts without a pay on death designation, real estate (depending on how its titled), vehicles, and more. The process includes having an individual appointed to administrate the estate of the deceased person. The probate process is governed by New Mexico statute and the decedent’s will (if they left one). Below are some articles regarding probate in New Mexico. If you need help with New Mexico estate administration, then be sure to contact our office for a free consultation.

• Property Ownership in Marriage
• Reasons to Avoid Probate
• New Mexico Probate
• Small Estate Affidavit
• New Mexico Homestead Affidavit
• Ancillary Probate & Proof of Authority