Jarales Wills & Probate Lawyer, New Mexico, page 3

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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

Jon Alan Feder

Military, Wills & Probate, Family Law, Divorce & Family Law

Status:

CONTACT

Albuquerque, NM 87190

Leslie McCarthy-Apodaca

Antitrust, Real Estate, Trusts, Wills & Probate

Status: Licensed: 43 Years

CONTACT

201 3rd St NW, Albuquerque, NM 87103

Sam A. Herbert

Corporate, Commercial Real Estate, Wills, Business & Trade

Status:

CONTACT

Albuquerque, NM 87187

Barbara J. Buck

Elder Law, Commercial Real Estate, Estate, Wills

Status:

CONTACT

Albuquerque, NM 87176

James E. Dory

Wills

Status:

CONTACT

Dory-Garduno Law Firm, LLC, Rio Rancho, NM 87174

Lawrence W. Kay

Commercial Real Estate, Wills, Estate Planning, Estate

Status:

CONTACT

Albuquerque, NM 87199

James Frank Beckley

Commercial Real Estate, Estate, Wills, Estate Planning

Status:

CONTACT

Albuquerque, NM 87190

Camille P. Koehler

Commercial Real Estate, Estate, Gift Taxation, Wills

Status:

CONTACT

Albuquerque, NM 87125

Mark Pustay

Corporate, Landlord-Tenant, Federal Trial Practice, Wills, International Other

Status:

CONTACT

500 Marquette Ave Nw, Albuquerque, NM 87102

John Dennis Laflin

Wills

Status: Licensed: 56 Years

CONTACT

Albuquerque, NM 87190

800-814-6700

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LEGAL TERMS

INVENTORY

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or admini... (more...)

A complete listing of all property owned by a deceased person at the time of death. The inventory is filed with the court during probate. The executor or administrator of the estate is responsible for making and filing the inventory.

INCOMPETENCE

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at ... (more...)

The inability, as determined by a court, to handle one's own personal or financial affairs. A court may declare that a person is incompetent after a hearing at which the person is present and/or represented by an attorney. A finding of incompetence may lead to the appointment of a conservator to manage the person's affairs. Also known as 'incompetency.'

RULE AGAINST PERPETUITIES

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For examp... (more...)

An exceedingly complex legal doctrine that limits the amount of time that property can be controlled after death by a person's instructions in a will. For example, a person would not be allowed to leave property to her husband for his life, then to her children for their lives, then to her grandchildren. The gift would potentially go to the grandchildren at a point too remote in time.

EXEMPTION TRUST

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth m... (more...)

A bypass trust funded with an amount no larger than the personal federal estate tax exemption in the year of death. If the trust grantor leaves property worth more than that amount, it usually goes to the surviving spouse. The trust property passes free from estate tax because of the personal exemption, and the rest is shielded from tax under the surviving spouse's marital deduction.

INTESTATE SUCCESSION

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest s... (more...)

The method by which property is distributed when a person dies without a valid will. Each state's law provides that the property be distributed to the closest surviving relatives. In most states, the surviving spouse, children, parents, siblings, nieces and nephews, and next of kin inherit, in that order.

ESTATE TAXES

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and... (more...)

Taxes imposed by the state or federal government on property as it passes from the dead to the living. All property you own, whatever the form of ownership, and whether or not it goes through probate after your death, is subject to federal estate tax. Currently, however, federal estate tax is due only if your property is worth at least $2 million when you die. The estate tax is scheduled to be repealed for one year, in 2010, but Congress will probably make the repeal (or a very high exempt amount) permanent. Any property left to a surviving spouse (if he or she is a U.S. citizen) or a tax-exempt charity is exempt from federal estate taxes. Many states now also impose their own estate taxes or inheritance taxes.

TRUSTEE POWERS

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

INTESTATE

The condition of dying without a valid will. The probate court appoints an administrator to distribute the deceased person's property according to state law.

PROBATE

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased pers... (more...)

The court process following a person's death that includes proving the authenticity of the deceased person's will appointing someone to handle the deceased person's affairs identifying and inventorying the deceased person's property paying debts and taxes identifying heirs, and distributing the deceased person's property according to the will or, if there is no will, according to state law. Formal court-supervised probate is a costly, time-consuming process -- a windfall for lawyers -- which is best avoided if possible.

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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Jarales Wills & Probate Lawyer, New Mexico, page 3

Sponsored Law Firm

Law Office of Cristy J. Carbon-Gaul

SPONSORED LAWYERS

Jon Alan Feder

Leslie McCarthy-Apodaca

Sam A. Herbert

Barbara J. Buck

James E. Dory

Lawrence W. Kay

James Frank Beckley

Camille P. Koehler

Mark Pustay

John Dennis Laflin

TIPS

LEGAL TERMS

INVENTORY

INCOMPETENCE

RULE AGAINST PERPETUITIES

EXEMPTION TRUST

INTESTATE SUCCESSION

ESTATE TAXES

TRUSTEE POWERS

INTESTATE

PROBATE

SAMPLE LEGAL CASES

Karpien v. Karpien

Oldham v. Oldham

Oldham v. Oldham

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