Cerrillos Trusts Lawyer, New Mexico

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Simon A. Kubiak Lawyer

Simon A. Kubiak

VERIFIED
Estate, Wills & Probate, Estate Planning, Trusts
Licensed in Arizona, Nevada and New Mexico

Since 2003, Walk-In Wills has helped people in New Mexico protect their most precious assets. We understand that the estate planning process is intimi... (more)

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505-903-7000

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate
Status:  In Good Standing           

Roxie De Santiago

Civil Rights, Trusts, Business, Immigration
Status:  In Good Standing           

Ralph H. Scheuer

Real Estate, Wills & Probate, Trusts, Estate
Status:  In Good Standing           

Karla K. Poe

Real Estate, Intellectual Property, Wills & Probate, Trusts
Status:  In Good Standing           

Ronald J. Segel

Real Estate, Corporate, Family Law, Trusts
Status:  In Good Standing           

Samuel Konigsberg

Trusts, Real Estate
Status:  In Good Standing           

Robert M Hall

Trusts, Estate, Divorce & Family Law, Business
Status:  In Good Standing           Licensed:  50 Years

Robert M Hall

Trusts, Estate, Divorce & Family Law, Business
Status:  In Good Standing           Licensed:  50 Years

Mark C. Meiering

Real Estate, Intellectual Property, Trusts, Wills & Probate
Status:  Inactive           

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LEGAL TERMS

PER STIRPES

Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. F... (more...)
Under a will, a method of determining who inherits property when a joint beneficiary has died before the willmaker, leaving living children of his or her own. For example, Fred leaves his house jointly to his son Alan and his daughter Julie. But Alan dies before Fred, leaving two young children. If Fred's will states that heirs of a deceased beneficiary are to receive the property 'per stirpes,' Julie will receive one-half of the property, and Alan's two children will share his half in equal shares (through Alan by right of representation). If, on the other hand, Fred's will states that the property is to be divided per capita, Julie and the two grandchildren will each take a third.

SPECIAL ADMINISTRATOR

(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a spe... (more...)
(1) In the law of wills and estates, a person appointed by the court to take charge of only a designated portion of an estate during probate. For example, a special administrator with particular expertise on art might be appointed to oversee the probate of a wealthy person's art collection, but not the entire estate. (2) A person appointed to be responsible for a deceased person's property for a limited time or during an emergency, such as a challenge to the will or to the qualifications of the named executor. In such cases, the special administrator's duty is to maintain and preserve the estate, not necessarily to take control of the probate process

BENEFICIARY

A person or organization legally entitled to receive benefits through a legal device, such as a will, trust or life insurance policy.

SWEARING MATCH

A case that turns on the word of one witness versus another. The outcome of a swearing match usually depends on whom the jury finds most trustworthy.

DEVISEE

A person or entity who inherits real estate under the terms of a will.

NONPROBATE

The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surv... (more...)
The distribution of a deceased person's property by any means other than probate. Many types of property pass free of probate, including property left to a surviving spouse and property left outside of a will through probate-avoidance methods such as pay-on-death designations, joint tenancy ownership, living trusts and life insurance. Property that avoids probate is sometimes described as the 'nonprobate estate.' Nonprobate distribution may also occur if the deceased person leaves an invalid will. In that case, property will pass according to the particular state's laws of intestate succession.

BYPASS TRUST

A trust designed to lessen a family's overall estate tax liability. An AB trust is the most popular kind of bypass trust.

DEATH TAXES

Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who... (more...)
Taxes levied at death, based on the value of property left behind. Federal death taxes are called estate taxes. Some states levy inheritance taxes on people who inherit property.

FAMILY ALLOWANCE

A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to ... (more...)
A certain amount of a deceased person's money to which immediate family members are entitled at the beginning of the probate process. The allowance is meant to help support the surviving spouse and children during the time it takes to probate the estate. The amount is determined by state law and varies greatly from state to state.

SAMPLE LEGAL CASES

In the Matter of Stein

... Upon the filing of the petition, the court appointed Richard Reidy as guardian ad litem for Bruce. {4} At the time of the filing of the petition in the guardianship case, there were two trusts in existence that were created by Bruce. ...

IN RE CABLE FAMILY TRUST JUNE 10, 1987

... Grantors reserve the right at any time or times to amend or revoke this instrument and the trusts hereunder, in whole or in part, by an instrument or instruments in writing, signed by Grantors and delivered in Grantors' lifetimes to Trustee; provided, however, that no such alteration ...

Mintz v. Zoernig

... While the original stipulated order states that Mother "has had substantial income and the children have trusts set up for their financial needs," no supporting data detailing her income was entered into the record at that time. ...