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ESTATE
PLANNING
PROBATE
GUARDIANSHIP
AND CONSERVATORSHIP
FAMILY
LAW
ADMINISTRATION
AND GOVERNMENT
ADOPTION
CORPORATION
AND PARTNERSHIP
ARBITRATION,
MEDIATION
PRACTICE AREASESTATE PLANNING
PROBATE
GUARDIANSHIP AND CONSERVATORSHIP
FAMILY LAW (No Domestic Relations)
ADMINISTRATION AND GOVERNMENT
ADOPTION
CORPORATION AND PARTNERSHIP
ARBITRATION, MEDIATIONESTATE PLANNING
Estate planning can be as simple as a will or more complex with wills, trusts and other documents that permit your interests to continue operation after your death.
If you die without a will, state law directs how your property will be distributed and reflects the way many people wish to leave their estates. There are, however, several situations which are not adequately addressed by the law. A will is important if you fit one of the following categories:
- You have minor children.
- You are in a second marriage with children from the first.
- You have a mentally or physically challenged child who will need some degree of care and control for life.
- You have a trust.
- You own a business.
- You are single with no children.
- You want to recognize a charity or other tax exempt organization.
- You have a will or other estate documents made in another state.
- You wish to leave your estate to your loved ones but are concerned about their ability to manage their inheritance.
- You are married but have no children and wish your property to go to your relatives when your spouse dies.
In addition to a will there are other documents which should be part of your estate plan. These documents provide guidance in the event you become unable, either temporarily or permanently, to take care of your affairs.
A trust is a way of directing how your property will be handled during your life and following your death. A trust designates one or more persons (trustees) to make certain your wishes are followed over a period of time.
I can assist you in meeting your needs in an estate plan. Please call for an appointment. All other information or advice will be given in a face to face conference only.
PROBATE
Probate is a legal proceeding which distributes a deceased person’s property, conveys title to the property and winds up the affairs of the decedent. Probate is usually begun in the state in which the deceased resided but if there is property in another state, an additional proceeding in that state may be required.
When a person dies, a personal representative should be appointed quickly to preserve the property of the decease and insure that the wishes of the decedent as expressed in a will are carried out. If there is no will, the personal representative acts to implement the provisions of the law.
I will assist to obtain the appointment of a personal representative for the estate and in the preparation of all documents necessary to complete the probate process.
GUARDIANSHIP AND CONSERVATORSHIP
A guardian has the authority to decide the major issues of the ward’s life: Where the ward will live; the kind of medical treatment the ward will receive; when and how the ward may travel, etc.
A conservator has charge of the ward’s property including money. Usually the guardian and the conservator are the same person.
Frequently a guardianship and/or conservatorship is needed quickly to obtain health care or preserve assets. I provide prompt service in obtaining the necessary documents.
- Step-parent adoption
- Private adoption
- Relative adoption
- Foster child adoption
ADMINISTRATION AND GOVERNMENT
Representation before licensing boards for professionals in situations of denial, suspension and revocation of a license to practice.
CORPORATION AND PARTNERSHIP
In New Mexico businesses may operate as a sole proprietorship, general partnership, limited partnership, corporation or limited liability company (LLC). I will assist you to choose the form that best meets your needs and prepare the appropriate documents. If your business has been in existence for some time, it is prudent to review the structure and determine if changes need to be made.
After the business is organized, I am available to provide legal advice and services during the operation of the business, to assist with growth and structural changes and to assist with the transfer or dissolution of the business.
ARBITRATION, MEDIATION
I have over 100 hours of training in arbitration and mediation and experience in the areas of arbitration, mediation, settlement facilitation and acting as a special master.
Arbitration: A single arbitrator or a panel of three arbitrators hears the evidence and makes a decision. The arbitration proceeding may be used without a case being filed in court or may be used after the case is filed. The agreement to arbitrate may provide that the decision of the arbitrator is binding. An agreement to arbitrate and the final decision of the arbitrator may be enforceable through the courts in New Mexico.
Mediation: The mediator facilitates communication between the parties so that they can agree to a resolution of their dispute.
Settlement Facilitation: Once a case is filed in court a settlement facilitator assists the parties and their attorneys to reach an agreement that settles the case.
Special Master: A special master is appointed by the judge to hear and make recommendations on specific issues in a case. A special master can be very useful in property issues that arise in a divorce. A party may request the appointment of a special master.
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