An accounting by a fiduciary usually involves an inventory of assets, debts, income, expenditures, and other items, which is submitted to a court. Such an accounting is used in various contexts, such as administration of a trust, estate, guardianship or conservatorship. Generally, a prior demand by an appropriate party for an accounting, and a refusal by the fiduciary to account, are conditions precedent to the bringing of an action for an accounting.
New Mexico Petition to Require Accounting from Testamentary Trustee
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Family Allowance Probate Laws The family allowance provides up to $30,000 of the decedent's estate (NM Statutes §45-2-402) to the surviving spouse. If there is no surviving spouse, then the $30,000 will be divided evenly amongst any minor, dependent children.
If an estate is simple and uncontested, probate attorney fees in New Mexico can range from $3,000 - $5,000 in total. As things get more complicated, legal fees will adjust ingly.
Probate can be filed any time between 5 days and 3 years after the decedent's death. Note: A probate case may be filed after the 3 year period for the limited purpose of transferring title to real property from the decedent's name to the decedent's heirs.
If you do not have a will, your property may get distributed through intestate procedures. In New Mexico, for any deceased person whose total assets (their estate) exceed a value of $50,000, their will or estate (even without a will) may need to go through probate.
Placing property in a living trust ensures that the named beneficiary receives the property while having the transaction avoid going through probate. A revocable living trust gives you control of the trust's management and rules until the time of your death.
If you live outside of New Mexico but own real estate in the state, the ancillary Probate process provides a way to transfer the property in an expedient and cost-effective manner if you have an open Probate in another state.
Three Main Duties of Personal Representatives & Trustees in New Mexico: Marshal All Estate Assets. Physically taking possession of ? and exercising control over ? all the assets owned by the deceased at the time of death. Pay All Estate Debts. ... Distribute the Remaining Estate.
In an informal probate, beneficiaries are notified after a personal representative has been named. Informal probate is best used when heirs get along and you have no reason to think there will be any future conflicts.