Sanders Law Firm
View Our Practice Areas

Dealing with blended families when creating a will

When a person dies in New Mexico, if that person is part of a blended family in which there are children from a previous relationship, there could be conflict. This was the situation for one woman whose stepmother did not file her father's will in probate court.

In that situation, the woman said her stepmother had come into the marriage with no property but a lot of debt. It was her father's third marriage, and he died just a few years later. Although he told his daughter he had created a will, he did not tell her where to find it or the lawyer's name. When he died, the stepmother also told the daughter that there had been a will, but she said she did not have to file it because all the property was jointly held. The estate included two houses, investment property and three vehicles. Three years later, the stepmother died, and all of the property went to her children. The man's daughter only got a box of photos.

Over a decade later, the daughter wanted to challenge this. However, there is a limit to how long after a death this can happen. The story points to the importance of letting loved ones know where to find a will and who the attorney is.

A person who is creating an estate plan may want to talk to family members about the plan, including who will be executor and what is in the plan. This openness can help prevent misunderstandings and challenges about the will. In a blended family, it can be particularly important to ensure that situations like the above one do not happen if it is important to an individual that their children inherit part of the estate. An attorney may assist the executor in estate and probate administration if necessary.

No Comments

Leave a comment
Comment Information
  • NAFLA
  • The National Trial Lawyers | Top 40 | Under 40
  • The American Society of Legal Advocates
  • Super Lawyers | Avvo Rating | Superb
  • Star Bar Of New Mexico
  • 10 Best | 2017 | Client Satisfaction
  • Top 10 Attorney And Practice Magazine's
  • distinguished Justice Advocates | top 1% attorneys in America
  • top listed in best Lawyers
  • rated by super lawyers
  • The National Trail Lawyers | Top 100
Email Us For A Response

Contact Us Today. Call 575-578-4392 or complete this form to schedule a free consultation with our legal experts.

Bold labels are required.

Contact Information
disclaimer.

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

close

Privacy Policy

Offices Conveniently Located in Roswell, Albuquerque & Hobbs

Roswell Office
701 West Country Club Road
Roswell, NM 88201

Toll Free: 866-755-7229
Phone: 575-578-4392
Fax: 575-622-5853
Map & Directions

Albuquerque Office
4801 Lang NE
Suite 110
Albuquerque, NM 87109

Toll Free: 866-755-7229
Phone: 505-798-2588
Map & Directions

Hobbs Office
732 E. Michigan
Suite 500
Hobbs, NM 88240

Toll Free: 866-755-7229
Phone: 575-318-2887
Fax: 575-393-0565
Map & Directions

Las Cruces Office
1990 E Lohman Ave
Las Cruces, NM 88001

Phone: 575-222-1111
Map & Directions

Ruidoso Office
1100 Sudderth Dr
Ruidoso, NM 88345

Phone: 575-222-1111
Map & Directions