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  1. #1

    Default An Unusual Situation

    My question involves estate proceedings in the state of: Texas and New Mexico

    Some background: After a nasty divorce I purchased a house. I was told by my (then) atty buying a house wasn't a good idea because my ex was likely going to come after me almost every year for more child support. (Turned out she did exactly that, several times). So I didn't technically purchase the house, my mother did, using my money. I made every payment, paid for every repair and maintenance. The plan was for my mother to give the home to me after my youngest child turned 18. My mothers health deteriorated and was not mentally fit to sign any paperwork after my daughter turned 18.

    So. Mom died and left everything to my dad. They both had in their wills my brother was to get their home and contents, cars, and a few other things. It was in BOTH their wills that I alone inherited the New Mexico property. (BTW, their home, contents, and cars were in Texas). I didn't get my dad to transfer the NM property to me, and now I know I should have. My brother isn't causing any problems, the problem is my father died at his home in Texas. The property is in NM. Trying to probate his will I am told it has to be done in Texas AND New Mexico. My brother already got their home in his name with the agreement that my parents could live in their home till their death. So, when my father died he owned nothing, other than my property in NM. My main question is: Do I have to probate his will in both states? I have been told by several attorneys in NM that it must be probated in Texas first then in NM, and several told me it only had to be done in NM because he owned no property in Texas. Texas attorneys don't know.
    I have since retired and moved to the coast in Texas. Help please!
    Thanks for your time!

  2. #2
    Join Date
    Jul 2018
    Posts
    1,666

    Default Re: An Unusual Situation

    Quote Quoting ElmerPThudpucker
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    Some background: After a nasty divorce I purchased a house. I was told by my (then) atty buying a house wasn't a good idea because my ex was likely going to come after me almost every year for more child support. (Turned out she did exactly that, several times). So I didn't technically purchase the house, my mother did, using my money. I made every payment, paid for every repair and maintenance. The plan was for my mother to give the home to me after my youngest child turned 18. My mothers health deteriorated and was not mentally fit to sign any paperwork after my daughter turned 18.
    I'm guessing that you and your mother didn't document this plan in writing (other than in her will)? I'm also curious about your statement that this deal was done only with your mother and not with your mother and father (since they appear to have been married at the time and remained married until her death) -- especially since both TX and NM are community property states. It would also be helpful if you told us when each of your parents died.


    Quote Quoting ElmerPThudpucker
    View Post
    Mom died and left everything to my dad. They both had in their wills my brother was to get their home and contents, cars, and a few other things. It was in BOTH their wills that I alone inherited the New Mexico property.
    These statements contradict each other. Either your father inherited "everything" or you inherited the NM property. My guess is that what you intended to say is that both wills left the entire estate of the first of them to die to the survivor, and that each will says that the houses go to you and your brother when the second one dies. Correct?


    Quote Quoting ElmerPThudpucker
    View Post
    Trying to probate his will I am told it has to be done in Texas AND New Mexico.
    His estate will be probated in Texas because that's where he lived. An ancillary proceeding in NM may or may not be necessary.


    Quote Quoting ElmerPThudpucker
    View Post
    Texas attorneys don't know.
    I have since retired and moved to the coast in Texas. Help please!
    Not sure what sort of help you think anonymous strangers on the internet can provide. Any decent probate attorney should know how to deal with an estate that owns property in another state. You'll just need to contact attorneys until you find one who knows what he/she is doing.

  3. #3
    Join Date
    Mar 2013
    Posts
    17,155

    Default Re: An Unusual Situation

    Quote Quoting ElmerPThudpucker
    View Post
    several told me it only had to be done in NM because he owned no property in Texas.

    OK, so hire one of those attorneys to probate the property in NM.

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