Las Cruces

Succession may be challenging for a layperson to deal with. While there are no prohibitions on representing yourself in probate and estate-related cases, hiring an estate planning attorney in Las Cruces, NM, is still best.

Succession is a complex process. While death opens succession, it’s not the only consideration for one’s inheritance. Federal and state laws will govern property partition among heirs.

The city has complex probate and intestacy laws. When people die, their survivors must deal with various estate and federal tax situations. These include state income tax, individual federal tax, trust income tax, and federal estate tax returns.

estate planning attorney las cruces nm

What Happens When a Person Dies After Leaving A Will?

The testator must sign the will before two witnesses to be considered legitimate. These witnesses must also sign the same will before each other in the presence of an attorney for estate planning.

You won’t have to go to a lawyer to have the will notarized for it to be binding and legal. However, if you want to hasten the probate process, you can make a “self-proving” will.

The court will automatically accept the “self-proving” will without the witnesses, or you can hire an attorney. All you must do is visit a notary with your witnesses and draw an affidavit detailing your name and the fact that each of you signed the will voluntarily and with full consent.

If the will is declared valid, it needs to go through probate. Las Cruces adheres to the Uniform Probate Code, so they follow the probate laws of New Mexico.

Hire an estate planning attorney in Las Cruces to help you take advantage of the probate shortcuts. A shortcut allows you to skip probate if the estate’s total value, after encumbrances and lines are deducted, is only $50,000 or below.

You only need to sign an affidavit under oath to complete the process. This affidavit must state that you’re entitled to the assets.

What Happens if an Individual Dies Without Leaving a Will?

A person who dies without a will could lose control of their assets after death. According to the inheritance laws of New Mexico, the decedent’s estate will now become “intestate,” which means no valid will was executed. Consult with a law office in Las Cruces to verify this.

In this case, the court will rule according to the state’s intestate succession law. This law will determine who will inherit the assets the decedent leaves and how much each beneficiary gets.

If there’s no will, the court will designate an executor to represent the deceased personally. The representative’s primary role is to ensure that the estate is taken care of.

While there are laws to ensure that a decedent’s estate is watched over, it’s better to keep your loved ones out of such trouble. In that case, you should get an estate planning attorney in Las Cruces.

What Are the Risks of Not Hiring an Estate Planning Lawyer?

Not hiring an estate planning lawyer when planning your will can expose you to several risks, including:

Invalid Or Ineffective Will

A poorly drafted or executed will be invalidated. It will lead to the distribution of your estates according to intestate laws, which may not align with your wishes.

Missed Opportunities For Tax Savings

Estate planning lawyers are well-versed in tax laws and can help you minimize estate taxes, ensuring your beneficiaries receive the maximum benefit. With the professional guidance of an estate planning attorney, you may get these potential tax savings.

Increased Probate Costs And Delays

A poorly drafted will lead to lengthy and expensive probate proceedings, causing unnecessary delays and financial burdens for your beneficiaries.

Family Conflicts

An unclear or ambiguous will can lead to disagreements and disputes among family members, potentially resulting in costly litigation and strained relationships.

Unforeseen Circumstances

Life events such as marriage, divorce, birth, or death can impact your estate plan. An estate planning attorney in Las Cruces can help you create a flexible plan that adapts to these changes, ensuring your assets are protected and distributed according to your wishes.

Failure To Address Complex Situations

Suppose you have a complex estate with multiple assets, business interests, or beneficiaries with special needs. In that case, an estate planning lawyer can help you navigate these complexities and create a comprehensive plan that addresses your unique circumstances.

Overlooking Important Details

A DIY only covers some necessary aspects of estate planning, such as appointing guardians for minor children or establishing trusts for special-needs beneficiaries. A Las Cruces estate planning attorney will ensure you address all essential details in your will.

While saving money by creating your will without a lawyer may seem tempting, the potential risks and consequences can far outweigh the initial cost savings.

Plan the Distribution of Your Estate Now

A loved one’s death will always be torturous for those left behind. You can make your survivors’ lives easier by planning the distribution of your estate.

We can help spare your beneficiaries the burden of settling your estate after your passing. Commission the services of Cristy, our estate planning attorney in Las Cruces, NM, and get things sorted.

The Law Office of Cristy J. Carbón-Gaul has the legal background, extensive experience, and specialization you need.

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Get in touch for a consultation!