A continuing power of attorney is an important legal document. By signing the continuing power of attorney, you authorize another person to act on your behalf, the client. Before you sign this continuing power of attorney, you need to know these important facts: Selecting another representative ensures that there is a trustworthy person to execute the estate in case the original representative is unable to distribute the estate. Holograph wills are not considered valid in all states; Some states allow unattested holographic wills. A handwritten will can be used in New Mexico, but only if it meets other legal requirements to create a valid will. Some states also require the date to be dated. Some states even allow the use of “blank fill” forms if the rest of the will is handwritten and the will is properly dated and signed. In addition to being able to control the distribution of wealth, a New Mexico will also allow the testator to make a charitable donation, establish a trust for a person, appoint a legal guardian for minor children, or establish a “pet trust” to care for an animal after the death of its owner. The legal requirements for making a will in New Mexico can be found in NM Stat § 45-2-501. See below for basics. C. signed by at least two persons, each having signed in the presence of the testator and one of the other, after having witnessed the signing of the will in accordance with paragraph B of this article.

While there are various exceptions and special rules, these are the standard requirements for New Mexico wills. If a guardian is needed to care for one of my children or their property, I call Haylee Marie Cristan as my guardian. If Haylee Marie Cristan is unwilling or unable to serve as a tutor, I appoint Corinna Lynn Cristan as my guardian instead. A will must meet the legal requirements of the state to be valid. Most states also accept a will signed in another state if the document is a valid will under the law of that state. The terms and conditions of a valid will are generally as follows: (a) the document must be in writing (i.e. typed or printed), (b) signed by the person making the will (usually called a “testator” or “testator”), and (c) signed by two witnesses present to witness the execution of the document by the manufacturer; and who also witnessed each other to sign the document. A will in New Mexico can be amended at any time by codicil (an amendment to the will), which must be executed in the same way as a will. In New Mexico, anyone over the age of eighteen (18) or a legally married and sane minor may make a will. (See: Article 45-2-501) “Common sense” generally means someone who has not been found incompetent in a previous court case.

Otherwise, you can leave your entire estate at will. Some wills leave everything in a package, while others distribute certain gifts for certain people. Some leave everything equal, others say that everything should be sold and the product distributed in certain percentages. Note that in New Mexico, if the testator is divorced or the marriage is annulled after signing a will, certain provisions are revoked in favor of the former spouse, unless the will provides otherwise. Step 7 (optional) – Notary – The notary must certify all signatures, the remaining part of the document is completed by the state-licensed notary. The best way to make sure you`ve made a valid will under New Mexico law is to work with a probate attorney in New Mexico. No. An attorney is not required to make a will in New Mexico. For the vast majority of people, a lawyer will simply do the same things as goodwill software – ask you questions, and then create documents for you based on your information and desires. However, in some situations, it`s a good idea to seek legal advice, such as if you have a child with special needs or if you have a high net worth (around $10 million) and are concerned about federal estate taxes. In these cases, a lawyer can help you answer specific questions and create an appropriate plan. When a will is filed in court, it can be difficult to find witnesses and bring them all to court, let alone court costs.

So, you should definitely prove your will yourself to help your loved ones avoid this hassle. You can usually leave your property as you wish. However, married people should note: New Mexico is a state of “communal property.” This means that property acquired during the marriage (or improved with funds earned during the marriage) belongs equally to both spouses. Thus, if one spouse dies, the other, the surviving spouse, continues to own half of it. The testator`s will covers only half of the property belonging to him. Most married people leave everything to their spouse anyway, so it usually doesn`t change people`s plans. In New Mexico, probate applications must be filed with probate documents and the will to open an estate. New Mexico offers a simplified probate procedure in which an affidavit is made if the value of the estate is less than a certain amount. First, the will must contain the signatures of at least two witnesses. They must be “witnesses” in the sense that they were present when the person making a will (the so-called “testator”) signed the will. Witnesses must also be people who cannot inherit anything under the will, meaning they have no rights to the testator`s property upon the testator`s death (New Mexico follows the Uniform Estates Code, which does not invalidate a will if there are interested witnesses).

In states that allow “holograph” wills, which are handwritten wills, witnesses are not required (note that New Mexico does not allow unattested holographic wills because they do not meet New Mexico`s legal requirements). Someone who dies without a will is called an “intestate,” who invokes the strict laws of intestate. In New Mexico, in the absence of a will, the surviving spouse inherits the entire estate, unless the testator and his or her spouse divide the descendants, in which case the spouse inherits all of the deceased`s joint property and one-quarter of the separate property; The descendants inherit the rest.