Legal Question in Wills and Trusts in New Mexico

My mother died in November 2009. She left a will that stated my sister and divide everything equally between us. I am executor of the will. My sister and her 30 year old unemployed daughter have taken over my mothers house in New Mexico. I live in Texas. My sister can not afford to take care of the house. What are my rights as to getting my sister out of my mothers house, and how do I go about getting them out of the house?


Asked on 3/29/10, 4:54 am

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You do not specify what the will says about the house, but if you are the executor you have initial authority over all of the assets of your mother's estate, including the house. You will need to file an ancillary probate in NM if the house remains in your mother's name alone. A fairly simple procedure which will enable you to obtain a court order to remove anyone from any property of the estate who does not have permission or authority to reside there.

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Answered on 4/03/10, 8:15 am


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