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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33802
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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I am trying to find out what the Law was in 1950 in New

Customer Question

I am trying to find out what the Law was in 1950 in New Mexico Regarding Separate Property. I have a great great uncle that passed away in 1950 he had no children but was married, he had inherited part of a farm in Texas in 1944 from his brother. When he died did his inheritance of that land go back to his brothers and sisters that were still living or did it pass on to his wife?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I will try my level best to help with your situation or get you to someone who can.

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I don't have access to historic statutory records back for 1950, but you may be able to visit a local law library to see if they might have copies of the probate laws back then.

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But the intestacy laws have remained essentially constant for the better part of a century so there is an extremely high probability that the 1950 probate law is the same as it is today. If he passed with a will in place, then his estate would go to whoever he named in his will. If he passed without a will, then the state intestacy statutes would kick in and his wife would take everything by default if his parents were also deceased.

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The siblings would only inherit if he was unmarried at the time of death with no children and no living parents or if he had a will specifically gifting the assets to his siblings.

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But 65 years later, even if something improper was done, it would be well past any statute of limitations to try to take action to correct anything now..

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thanks

Barrister

Customer: replied 1 year ago.
Well I need to be certain so I guess I will need to look further. I don't feel I should be charged as your records do not go back far enough to guarantee your answer.
Thank you
Expert:  Barrister replied 1 year ago.

No worries, you can always request a refund from JustAnswer if you aren't satisfied with my service. But you will likely need to make a trip to a local law library and look up the actual statutes to research them for yourself if you want to pursue this..

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thanks

Barrister

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