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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: Gift Taxation

Jacqueline Marrast-Simpson

Estate Planning, Gift Taxation, Estate, Wills

Status: In Good Standing

CONTACT

557 Oppenheimer Drive, Los Alamos, NM 87544

George Harold Lerew

Gift Taxation, Elder Law, Credit & Debt, Bankruptcy

Status: In Good Standing Licensed: 49 Years

CONTACT

3140 Vista Sandia Ave, Santa Fe, NM 87506

Brad Wesley Odell

Labor Law, Employment Discrimination, Gift Taxation

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Melissa A. Kennelly

Gift Taxation, Wills, Corporate, Landlord-Tenant

Status: In Good Standing

CONTACT

Santa Fe, NM 87504

Becky A. Torres

Administrative Law, Collection, Civil Rights, Estate Planning

Status: In Good Standing

CONTACT

333 Rio Rancho Drive, Rio Rancho, NM 87174

Maria T. Griego

Estate Planning, Family Law, Personal Injury, Accident & Injury

Status: In Good Standing

CONTACT

1012 Marquez Pl, Santa Fe, NM 87505

Haviva Albert Graeber

Labor Law, Employment Discrimination, Gift Taxation, Employee Rights

Status: In Good Standing

CONTACT

1600 Rio Rancho Dr Se, Albuquerque, NM 87124

Joseph Lennihan

Indians & Native Populations, Litigation, Gift Taxation

Status: In Good Standing

CONTACT

1012 Marquez Place, Santa Fe, NM 87505

James E. Snead

Administrative Law, Mediation, Estate Planning, Intellectual Property

Status: In Good Standing

CONTACT

1800 Old Pecos Trail, Santa Fe, NM 87505

Jean Nikole Wells

Business & Trade, Corporate, Estate Planning, Gift Taxation

Status: In Good Standing

CONTACT

460 Saint Michaels Dr, Santa Fe, NM 87505

800-923-0641

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LEGAL TERMS

ADEMPTION

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she di... (more...)

The failure of a bequest of property in a will. The gift fails (is 'adeemed') because the person who made the will no longer owns the property when he or she dies. Often this happens because the property has been sold, destroyed or given away to someone other than the beneficiary named in the will. A bequest may also be adeemed when the will maker, while still living, gives the property to the intended beneficiary (called 'ademption by satisfaction'). When a bequest is adeemed, the beneficiary named in the will is out of luck; he or she doesn't get cash or a different item of property to replace the one that was described in the will. For example, Mark writes in his will, 'I leave to Rob the family vehicle,' but then trades in his car in for a jet ski. When Mark dies, Rob will receive nothing. Frustrated beneficiaries may challenge an ademption in court, especially if the property was not clearly identified in the first place.

PROPERTY CONTROL TRUST

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who ha... (more...)

Any trust that imposes limits or controls over the rights of trust beneficiaries. These trusts include (1) special needs trusts designed to assist people who have special physical, emotional or other requirements, (2) spendthrift trusts designed to prevent a beneficiary from wasting the trust principal; and (3) sprinkling trusts that allow the trustee to decide how to distribute trust income or principal among the beneficiaries.

TRUSTEE POWERS

The provisions in a trust document defining what the trustee may and may not do.

DEVISEE

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

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.

ALTERNATE BENEFICIARY

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to ... (more...)

A person, organization or institution that receives property through a will, trust or insurance policy when the first named beneficiary is unable or refuses to take the property. For example, in his will Jake leaves his collection of sheet music to his daughter, Mia, and names the local symphony as alternate beneficiary. When Jake dies, Mia decides that the symphony can make better use of the sheet music than she can, so she refuses (disclaims) the gift, and the manuscripts pass directly to the symphony. In insurance law, the alternate beneficiary, usually the person who receives the insurance proceeds because the initial or primary beneficiary has died, is called the secondary or contingent beneficiary.

PRETERMITTED HEIR

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child b... (more...)

A child or spouse who is not mentioned in a will and whom the court believes was accidentally overlooked by the person who made the will. For example, a child born or adopted after the will is made may be deemed a pretermitted heir. If the court determines that an heir was accidentally omitted, that heir is entitled to receive the same share of the estate as she would have if the deceased had died without a will. A pretermitted heir is sometimes called an 'omitted heir.'

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.

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.

SAMPLE LEGAL CASES

Oldham v. Oldham

... Id. {9} We granted Wife's petition for certiorari to address two issues: (1) whether a final judgment distributing marital property pursuant to Section 40-4-20(B) revokes the governing estate planning instruments of the deceased party when the deceased party dies during the ...

Oldham v. Oldham

... A judgment or decree terminating all property rights pursuant to Section 40-4-20(B) meets the definition of a divorce pursuant to Section 45-2-804(A)(2) and is sufficient to revoke governing estate planning instruments pursuant to Section 45-2-804(B)(1)(a). ...

Ponderosa Estate Planning Lawyer, New Mexico

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Jacqueline Marrast-Simpson

George Harold Lerew

Brad Wesley Odell

Melissa A. Kennelly

Becky A. Torres

Maria T. Griego

Haviva Albert Graeber

Joseph Lennihan

James E. Snead

Jean Nikole Wells

TIPS

LEGAL TERMS

ADEMPTION

PROPERTY CONTROL TRUST

TRUSTEE POWERS

DEVISEE

SWEARING MATCH

ALTERNATE BENEFICIARY

PRETERMITTED HEIR

PER STIRPES

SPECIFIC BEQUEST

SAMPLE LEGAL CASES

Oldham v. Oldham

Oldham v. Oldham

Oldham v. Oldham

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