For the purposes of the New Mexico Code of Succession, heirs are persons.” including the surviving spouse and the State entitled to the deceased`s property under the statutes of the legal succession”. These are the persons who would have the right to inherit the estate of the deceased if the deceased (deceased person) had died without a valid will (intestate). n. someone who acquires property after the death of another, on the basis of the rules of descent and distribution, namely to be the child, descendant or other closest relative of the dear deceased. It has also come to mean any person who “takes” (receives) under the terms of the will. An inheritance can only be determined at the time of the death of the person leaving the property, as a supposed beneficiary (heir apparent) could die first. An heir presumed is a person who would receive benefits unless a child was born later to the current owner of the property that the heir is hoping for one day. A legally adopted child has the possibility of being an heir to the adoption, as if it were the natural child of the adoptive parent(s) and is called the adoptive heir. A secondary heir is a relative who is not a direct descendant, but a brother, sister, uncle, aunt, cousin, nephew, niece or relative.
It should be noted that one of the spouses is not an heir unless explicitly mentioned in the will. However, he may receive an inheritance through matrimonial property or community property. A child who is not mentioned in a will can claim to be an overfilled heir, that is, accidentally or accidentally omitted from the will, and he or she can claim that he or she (should) have been preserved as an heir. An heir is defined as a person who has the legal right to inherit part or all of the estate of another person who dies without a will, which means that the deceased person did not make a legal will and will during his or her years of life. In such a scenario, the heir receives property in accordance with the laws of the state in which the property is examined. “He raised me like his.” TRUTH: Unless you have been legally adopted or named in the will, you do not have the right to inherit the estate. Heirs who inherit property are usually children, descendants or other close relatives of the deceased. As a rule, spouses are not legally considered heirs, as they are instead entitled to property through matrimonial or joint property rights.
“I am the personal representative because I am named in the will. » TRUTH: The will only states the deceased`s intention to appoint you as your personal representative. You are not legally the personal representative until the court appoints you. While the term “inheritance” legally refers to a person who receives property from a deceased person without a will, in everyday language, the word “inheritance” is often used to describe those who inherit property, as it is called in a will. Strictly speaking, however, this use of the word is factually inaccurate, since the correct term for such a person is a “beneficiary” who legally defines a person who has the right to collect property, as required by a will, trust, insurance policy or other binding agreement. For example, if the deceased did not have a spouse but had children, the applicant lists the children (and the children of all deceased children) and stops. If the deceased did not have a spouse or children, the applicant lists the parents, if any. If there are no relatives, the applicant lists the next level of heirs, and so on. All names (persons or entities designated as beneficiaries in a will) must also be listed, but no other names. When is the reading of the will? » TRUTH: This usually only happens in movies. Once a will is on probation, the personal representative must notify the spouse, children, heirs and underhands. “So-and-so has been excluded from the will, so they have no right to notice it.” TRUTH: Heirs not named in the will always have the right to notice.
If no relatives of the deceased can be found, “escheats” the estate to the public school fund. “I paid all the bills, taxes, etc. on the property, so I have the right to inherit the property. » TRUTH: While this may give you a claim against the estate, it does not give you the right to inherit the property. The personal representative of the estate is also obliged to inform the heirs of his appointment within ten days of the appointment. This requirement gives heirs the opportunity to challenge the will or the appointment of a personal representative. “The other heirs live outside the state, so they do not have the right to be appointed as personal representatives.” TRUTH: Heirs have the same priority for appointment, regardless of where they live. You can see the conditions per stirpes (the proportion of each deceased descendant is divided among his heirs) or by representation (the shares of the surviving dependants of the deceased descendants are grouped and divided into equal shares, depending on the number of survivors at this level).