Kewa Wills & Probate Lawyer, New Mexico

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Cristy J. Carbon-Gaul
About | Practice Areas
Law Office of Cristy J. Carbon-Gaul
10515 4th St NW Albuquerque, NM 87114» view map
Estate Law
Experience. Commitment. Results

Cristy Carbón-Gaul focuses her practice on probate and estate planning to help her clients protect their assets and provide for the future.

800-906-8861
1. Cristy J. Carbon-Gaul Albuquerque, NM
  Attorney at Law- NM
  Creighton University School of Law, J.D. 1997
2. AboutLaw Office of Cristy J. Carbon-Gaul
  Experience. Commitment. Results
3. Practice AreasExpertise
  Estate
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Includes: Estate Administration, Living Wills, Wills

Gregory W. MacKenzie

✓ VERIFIED

Real Estate, Estate, Wills, Wills & Probate, Estate Planning

Greg has been a partner at Hurley Toevs Styles Hamblin & Panter PA since 2008. He was formerly a partner of the trust and estate litigation firm of Po... (more)

CONTACT

800-924-8401

4155 Montgomery Blvd NE, Albuquerque, NM 87109

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)

FREE CONSULTATION

CONTACT

505-903-7000

2000 Carlisle Blvd NE, Albuquerque, NM 87110

Dathan L. Weems

✓ VERIFIED

Accident & Injury, Medical Malpractice, Mediation, Family Law, Wills

The Dathan Weems Law Firm, LLC is a New Mexico law firm specializing in serious injury and wrongful death cases. Additionally, we represent parties ... (more)

CONTACT

800-978-4901

108 Wellesley Drive Southeast, Albuquerque, NM 87106

Sylvain Segal

Real Estate, Corporate, Trusts, Wills & Probate

Status: In Good Standing

CONTACT

8205 Spain Rd NE, Albuquerque, NM 87109

Paul Livingston

Landlord-Tenant, Wills & Probate, Divorce & Family Law, Consumer Protection

Status: In Good Standing

CONTACT

Placitas, NM 87043

Mark N. Fitzgerald

Entertainment, Patent, Commercial Real Estate, Wills

Status: Inactive

CONTACT

2608 La Luz Cir NE, Rio Rancho, NM 87144

Thomas Paul Cook

General Practice

Status: Inactive Licensed: 46 Years

CONTACT

10 Avenida Malaguena, Santa Fe, NM 87506

Lynn M. Finnegan

Corporate, Landlord-Tenant, Federal, Wills

Status: In Good Standing

CONTACT

Los Alamos, NM 87544

Shay Burns Kendricks

Commercial Real Estate, Estate, Wills, Corporate

Status: In Good Standing

CONTACT

Los Alamos, NM 87544

William Patrick Martin

Wills, Estate

Status: Inactive Licensed: 41 Years

CONTACT

6301 Vatapa Rd Ne, Rio Rancho, NM 87144

800-923-0641

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LEGAL TERMS

TRUST MERGER

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separati... (more...)

Under a trust, the situation that occurs when the sole trustee and the sole beneficiary are the same person or institution. Then, there's no longer the separation between the trustee's legal ownership of trust property from the beneficiary's interest. The trust 'merges' and ceases to exist.

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

SPECIFIC BEQUEST

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequ... (more...)

A specific item of property that is left to a named beneficiary under a will. If the person who made the will no longer owns the property when he dies, the bequest fails. In other words, the beneficiary cannot substitute a similar item in the estate. Example: If John leaves his 1954 Mercedes to Patti, and when John dies the 1954 Mercedes is long gone, Patti doesn't receive John's current car or the cash equivalent of the Mercedes. See ademption.

DEVISEE

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

KINDRED

Under some state's probate codes, all relatives of a deceased person.

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.

LAPSE

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. S... (more...)

Under a will, the failure of a gift of property. A gift lapses when the beneficiary dies before the person who made the will, and no alternate has been named. Some states have anti-lapse statutes, which prevent gifts to relatives of the deceased person from lapsing unless the relative has no heirs of his or her own. A lapsed gift becomes part of the residuary estate.

STATUTORY SHARE

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceas... (more...)

The portion of a deceased person's estate that a spouse is entitled to claim under state law. The statutory share is usually one-third or one-half of the deceased spouse's property, but in some states the exact amount of the spouse's share depends on whether or not the couple has young children and, in a few states, on how long the couple was married. In most states, if the deceased spouse left a will, the surviving spouse must choose either what the will provides or the statutory share. Sometimes the statutory share is known by its more arcane legal name, dower and curtesy, or as a forced or elective share.

PERSONAL PROPERTY

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, p... (more...)

All property other than land and buildings attached to land. Cars, bank accounts, wages, securities, a small business, furniture, insurance policies, jewelry, patents, pets and season baseball tickets are all examples of personal property. Personal property may also be called personal effects, movable property, goods and chattel, and personalty. Compare real estate.

SAMPLE LEGAL CASES

Karpien v. Karpien

... 4-20 (1993) is controlling, that marital property and debt covered by Section 40-4-20 is divided and distributed according to New Mexico domestic relations law, that debt incurred after the death of the decedent spouse is separate debt to be dealt with through probate, and that ...

Oldham v. Oldham

... {1} This case requires us to interpret and harmonize potentially conflicting provisions within our domestic relations, probate, and trust ... {6} After Husband's death, Son filed an application in the probate court for informal appointment as personal representative of Husband's estate. ...

Oldham v. Oldham

... Accordingly, we reverse and remand for the appointment of someone other than Wife as a substitute personal representative or administrator to complete the pending divorce proceedings pursuant to Section 40-4-20(B) before continuing the probate proceedings. ...

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Kewa Wills & Probate Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Gregory W. MacKenzie

Simon A. Kubiak

Dathan L. Weems

Sylvain Segal

Paul Livingston

Mark N. Fitzgerald

Thomas Paul Cook

Lynn M. Finnegan

Shay Burns Kendricks

William Patrick Martin

TIPS

LEGAL TERMS

TRUST MERGER

SPECIAL ADMINISTRATOR

SPECIFIC BEQUEST

DEVISEE

KINDRED

NONPROBATE

LAPSE

STATUTORY SHARE

PERSONAL PROPERTY

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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