Albuquerque Wills & Probate Law Firm
Protecting your legacy requires help from a trusted Albuquerque probate attorney. Attorney Benjamin Hancock has 25 years of experience helping people to protect their legacy through estate planning, drawing up important documents such as your legal will, living will, and trusts.
Legal Wills & Probate Requirements
When a person dies, they either do so with a will (testate), or without a will (intestate). Regardless of whether the deceased person had a will, the estate must generally pass through probate before assets can be distributed to the heirs.
A valid written legal will indicates your wishes as to how your real and personal property should be distributed after your death.
Requirements for a last will and testament to be a valid legal will in New Mexico include:
- It must be in writing;
- It must be signed by the testator; and
- It must be signed by two witnesses.
Difference Between Legal Wills and Living Wills
The requirements of a valid legal will in Albuquerque, New Mexico are listed above. However, it is important to note the documents that do not qualify as a legal will in New Mexico. For example, a holographic will (a will that is handwritten by the testator and not witnessed), while of valid in some jurisdictions, is not a valid legal will in New Mexico. Similarly, oral wills, while valid elsewhere, are not legal wills in New Mexico.
Living wills (also known as advance healthcare directives) allow you to plan healthcare and end-of-life decisions that may be needed in the event you are unable to make your wishes known. By creating a living will, you protect your loved ones by removing the burden of making critical health decisions on your behalf.
If you are unsure whether or not you should draw up a will for your estate, contact Attorney Benjamin Hancock for sound legal advice.
Speak with an Experienced Albuquerque Probate Attorney
Probate is a complex and time-consuming process that typically requires help from an experienced probate lawyer. As a probate lawyer, attorney Benjamin Hancock will guide you every step of the way, returning phone calls promptly and answering your questions clearly. Schedule your consultation to discuss your case.
Contact Attorney Hancock at 505-508-4343 to schedule a consultation and discuss your case!