Legal Question in Wills and Trusts in New Mexico

I need to find out how the representative payee and power of attorney for my dad (who is deceased)spent his money during the time he was alive.. I know for sure that some of his money was not legally spent as it should have been. He did not have a will or any assets at the time of his death.


Asked on 1/19/10, 9:16 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

NM children of a parent who dies without a will (intestate) inherit 50% divided equally. The other 50% goes to the surviving wife. If no wife, then 100% to the children divided equally. Any child, then, has standing to demand an accounting of the disposition of the father's estate, both before and after death. Such demands usually are ignored and court action is required. Litigation is not always successful, as the party who took the money has often spent it and cannot pay it back. There may be other assets, however, so an asset search is the first step before taking any other action.

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Answered on 1/24/10, 12:00 pm


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