Probate laws are complex.
Understanding them and applying them requires the expertise of a probate lawyer with experience in all areas of probate law. As a probate lawyer in Albuquerque, Benjamin Hancock has provided his clients with successful representation in all matters related to estate planning, wills, trusts, and litigation for more than two decades.
Probate Lawyers in Albuquerque
NM is one of 16 states that have adopted the Uniform Probate Code. This code is an effort to provide uniformity to the probate process, and to streamline and modernize state laws relating to wills and probate.
The New Mexico Uniform Probate code provides:
- Steps for intestate succession (i.e., what happens to one's property when they die intestate, or without a will).
- Requirements for valid written wills in New Mexico.
- Administration of probate estates, both testate (with a will) and intestate.
- Rules governing foreign personal representatives and ancillary probate proceedings.
- Laws pertaining to guardianships for incapacitated or incompetent persons.
Trust Law in New Mexico
New Mexico is one of 24 states that have adopted the Uniform Trust Code. The New Mexico Uniform Trust Code addresses a variety of issues.
The areas and aspects of trust law that addressed in the New Mexico Trust Code include:
- Requirements of valid trusts
- Creation, validity, modification, and termination of trusts
- Creditor's claims
- Revocable trusts
- Duties and powers of trustees
- Liabilities of trustees
- Termination of trusts
Guardianship & Conservatorship Law
When a person is disabled or incapacitated, you may consider guardianship or conservatorship to look after their financial and/or health decisions.
- Procedures for appointment of conservators to oversee the estates of incapacitated persons, and to make financial decisions.
- Procedures for appointment of guardians to make the non-financial decisions
- Requirements for administering the incapacitated person's estate, including annual reporting and accounting requirements.
- Outlines the rights of the alleged incapacitated person.
- Provides for the termination of a guardianship/conservatorship.
The area of probate law is complex, and dealing with a probate estate is time-consuming. Prevent your case from dragging out into a lengthy court battle by hiring Albuquerque probate attorney Benjamin Hancock to handle your case. As your probate lawyer, Benjamin will provide you with the practical knowledge and sound legal advice you need when making complex decisions about the estate of a loved one.
Contact the firm by calling 505-508-4343 to schedule a consultation to discuss your case.