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If the beneficiary dies before meeting the terms of a survivorship requirement it is treated as though they died before inheriting. The same rules apply, meaning that the assets would pass first to any alternates, then to any lapsed devise or residual heirs and finally through state inheritance law.
After someone dies, someone (called the deceased person's 'executor' or 'administrator') must deal with their money and property (the deceased person's 'estate'). They need to pay the deceased person's taxes and debts, and distribute his or her money and property to the people entitled to it.
Unlike estate distributions, which generally are made as one-time payments by the executor or administrator of an estate, trust distributions can take a variety of forms (e.g., they can be one-time payments or multiple payments made over time).
A will, or a last will and testament, is a legal document that describes how you would like your property and other assets to be distributed after your death.
If you have no spouse and any of your children are alive, they will be the only heirs to your estate. If you die with a spouse and children, your spouse will inherit all community property and 1/4 of your individual property. Your children will inherit 3/4 of your individual property.
This is when courts transfer the ownership of assets to beneficiaries or heirs. The final distribution only occurs when the estate is settled, meaning all creditors and taxes have been paid, all disputes have been resolved, and the judge gives final approval.
The Estate Settlement Timeline: While New Mexico law does not specify a strict deadline for this step, it is generally recommended to do so within a month to ensure a timely start to the probate process.
With the distribution of all assets, the executor is said to have ?closed the estate.? But, the executor still retains the power to gather newly discovered assets and address future complaints.