After a loved one has passed, there are many steps and considerations to make. If they have a trust, you must administer the trust. If they have a will, you may need to probate the will. If they died without a will, you may need to probate the estate. However, in some circumstances, probate and administration are not a necessity. …
Informal and Formal Probate. Do You Know The Difference?
Probate is the legal process of petitioning a court to grant you the authority to administer or obtain control of a deceased person’s estate—usually a relative, loved one, or close friend (if you were personally named in that person’s will). Once that authority is obtained, you can distribute assets according to the decedent’s will or transfer assets owned by the …
Transfer On Death Deeds
In New Mexico (and a handful of other states), the law permits an owner of real property (either land or a house) to transfer that property by a Transfer on Death Deed (TODD). A TODD is a simple and effective way to transfer property to a beneficiary without the hassle of probating the estate to obtain possession of said property. …
Attorney Christina Cavaleri Talks About The Ever Changing Financial and Legal Landscape
If you are in the Albuquerque area on February 13th, 2024- you will not want to miss this valuable Seminar! How have changes in the Financial and Legal Landscape impacted your retirement plans? What financial and legal strategies you can you use to protect your nest egg?Come join us at the Holiday Park Community Center in Albuquerque, NM, USA on Tue …
Probate Litigation: Understanding Its Implications and Finding Legal Assistance
Probate is an essential process where the court proves the validity of a will and authorizes the distribution of a deceased person’s assets to their close family members and other beneficiaries. The process gives a legal confirmation of the executor’s authority and the ownership of the assets before they can be passed to the beneficiaries. In most cases, the probate …
Challenging a Will – When and How to Do It
Understanding the process of contesting a will can be challenging. When should you consider contesting a will? What are the grounds for contesting a will? And how do you go about challenging a will once you have decided to do so? Here, we’ll break down each step of the process so that you can make an informed decision when it …
Revocable vs. Non-Revocable Trusts: What’s the Difference?
When it comes to estate planning, there are a number of different trust types available to individuals. Two of the most popular trust types are revocable and non-revocable trusts. So what is the difference between these two trusts and which one is right for you? Let’s take a closer look at each type of trust and how it can benefit …
BLSW Tops Expertise.com’s List of Litigators
A Ranking in Professionalism, A+ Ranking in Reputation Once again, Business Law Southwest has been recognized by Expertise.com for their outstanding New Mexico Litigation Team ! Expertise’s Selection Criteria: Availability-Consistently approachable and responsive, so customers never feel ignored. Qualifications-Building customer confidence with licensing, accreditations, and awards. Reputation-A history of delighted customers and outstanding service. Experience-Masters of their craft, based on …
The Tom Petty Estate: When best laid plans are not specific enough.
Tom Petty died of an accidental overdose on October 2, 2017. While his death was shocking and sudden, the artist had taken the time prior to the tragedy to participate in some estate planning. Per his wishes, his wife of 16 years, Dana York Petty, became the “directing trustee” of the Tom Petty Estate. His daughters Annakim Violette and Adria …
The Family Business Succession Plan
Family owned business can be tough; especially since family is forever and a business lasts as long as the front doors can stay open. A family business can never be truly free of passion, so it is important to understand the importance of utilizing consultants from outside of the family in conjunction with a Trust and Estate planning team to …
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