New Mexico Heirship or Descent Affidavit Questionnaire

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State:
Multi-State
Control #:
US-Q1018
Format:
Word; 
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Description

This form addresses important considerations that may effect the legal rights and obligations of the parties in a heirship matter. This questionnaire enables those seeking legal help to effectively identify and prepare their issues and problems. Thorough advance preparation enhances the attorneys case evaluation and can significantly reduce costs associated with case preparation.



This questionnaire may also be used by an attorney as an important information gathering and issue identification tool when forming an attorney-client relationship with a new client. This form helps ensure thorough case preparation and effective evaluation of a new clients needs. It may be used by an attorney or new client to save on attorney fees related to initial interviews.


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FAQ

As used in this section: (1) "due diligence" means the reasonable steps taken to satisfy the legal requirement relating to the disposition of dead bodies, including attempts to identify the body and locate legal next of kin; and (2) "legal next of kin" means the following persons in the order listed: (a) the surviving ...

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.

The Affidavit for Collection of Personal Property of the Decedent (as it's referred to in New Mexico) can only be used for small estates with a total value not exceeding $50,000 ( not including liens and encumbrances).

Heirs are a person's blood relatives, their surviving spouse (if applicable), and any adopted children. Parents, siblings, grandparents, nieces and nephews, aunts and uncles, and cousins are also heirs. In estate law, heirs are discussed when a person dies without a will in place.

DETERMINING WHO IS AN HEIR If decedent is married, decedent's spouse is an heir; If decedent has children, his or her children may also be heirs (if one or more of decedent's children has died, all children of the deceased child or children are also considered decedent's heirs);

DETERMINING WHO IS AN HEIR If decedent is married, decedent's spouse is an heir; If decedent has children, his or her children may also be heirs (if one or more of decedent's children has died, all children of the deceased child or children are also considered decedent's heirs);

Selling a House with Multiple Inheritors in New Mexico: If the inherited property has multiple heirs, the majority can decide to sell the house by filing a lawsuit of partition action in the state probate court of New Mexico.

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New Mexico Heirship or Descent Affidavit Questionnaire