You can check the laws of intestacy for New Mexico at the related link provided below. The laws will determine if you have any interest in the estate if your father died without a will. If your father owned any real estate at the time of his death, title would have passed to his heirs at law or under the provisions of his will. However, the estate must be probated in order for title to vest in his heirs.
If after reviewing the laws of intestacy you find that you have an interest you should contact an attorney in NM who can review the situation and explain your rights and options.
They can collect before it is settled
If there are no assets, simply show the court. No assets means no debts can be settled and the estate will be closed.
when can you close my fathers estate account and keep the money.
The estate is not settled until the final distribution is made. The heirs shouldn't sign off on the estate until they have received distribution of their shares. If the administrator tries to file a final account prior to distribution, thereby closing the estate, the heirs should object and notify the court that they haven't received there shares in the estate. Nothing should be left "up in the air" once an estate has been "settled". If there are issues remaining now that the estate had been closed you will need to consult with an attorney who can review your situation and explain your options.
The imidiate family has the right to their fathers estate.
According to the Colorado Bar Association, an estate can be settled in as little as six months.
An estate must go through the probate process before being settled to ensure that all relevant taxes and fees due are paid. Once this has happened the estate can be settled and distributed as stipulated in a will.
The estate has that responsibility. Until the estate is settled, the house ownership and responsibilities have not been transferred.
An adult child is a natural beneficiary to an estate. If there is no will, and there is no spouse, they are likely to get the estate.
Through the local Probate Court
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Yes, the co-owner would be legally liable for using money in the account from an estate that was not settled.