Legal Question in Wills and Trusts in New Mexico

My friends brother just passed away in New Mexico leaving no will or trust. The decease's closest relatives are his adult daughter and his adult brother. What inheritance would both recieve, if any? Do they notify for probate or will the state require probate when they are notified of the death? Estate is probably $250-300,000.

Asked on 2/09/12, 4:21 pm

1 Answer from Attorneys

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

The daughter inherits all. 100%. Probate is required to establish who gets what. The brother died under circumstances called "intestate succession" which means no will. The state will do nothing. Someone, usually the daughter, will have to file a probate proceeding.

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Answered on 2/09/12, 4:38 pm

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