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1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: Can I legally sell my house to my POA? Can I legally sell my house if I have a will?
Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on May 24, 2022

Absent very unusual circumstances, you can sell anything you own to anyone you want. And having a will does not prevent you from selling anything you own. However, these are very general answers to very general questions. Clearly you are concerned about or troubled by something. Follow your... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Banking for New Mexico on
Q: If I have a judgement against me, how would the plaintiff find out where I bank to seize my money?

I do not wish to satisfy this judgement because the plaintiff was in the wrong, but she could hire an attorney, whereas I literally have no money. I am expecting a check from rental assistance that I want to protect from this judgement but I'm afraid that if I open an account at a different... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 30, 2022

Judgment Creditor can ask you under oath where your property is. Become familiar with NM Exemption rights. Remember this is a public forum.

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico on
Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2022

I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here... Read more »

1 Answer | Asked in Personal Injury, Health Care Law and Medical Malpractice for New Mexico on
Q: Can I still sue my gyno for over prescribing opioids after a botched hysterectomy in 2008 causing current addiction

My gyno prescribed me way over 400 15mg Oxycodone and 10mg Hydrocodone a MONTH. Although the insurance refused to cover more than 1 Rx a month, the Dr. kept approving them to be filled and the pharmacy filled them. This continued for over a year. I became an addict because of this negligence and am... Read more »

Tim Akpinar
Tim Akpinar
answered on Mar 3, 2022

A New Mexico attorney could advise best, but your question remains open for four weeks. I'm sorry for the impact this has had on your life. Regardless of jurisdiction, there is the inescapable problem that fourteen years have elapsed, aside from other issues. You can reach out to local law... Read more »

1 Answer | Asked in Copyright for New Mexico on
Q: Registering copyright on sound recordings with multiple performers?

I will be registering several musical compositions of which I am the sole author, along with several sound recordings of those compositions. Because I am the sole author of the compositions, I will hold the exclusive copyright on the compositions themselves.

I am the producer and performer... Read more »

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Feb 18, 2022

The sound recordings are "works for hire" whose copyright you own by virtue of your having engaged the performers, and you can register the copyrights in those recordings. In the application to register them you will indicate that the contributions of the performers were for hire. The... Read more »

1 Answer | Asked in Gov & Administrative Law for New Mexico on
Q: Can you appeal a civil judgement passed by administrative judge, Can an administrative judge issue a contempt of court?

None

Joel F. Murray
Joel F. Murray
answered on Feb 13, 2022

Generally, there is a process where you can appeal a final administrative decision to court. The process for doing so varies by jurisdiction.

1 Answer | Asked in Business Law and Immigration Law for New Mexico on
Q: I am booking a musical artist from Canada on a tour date. They are asking to sign two contracts for visa reasons.

I run a LLC and we are currently in the process of booking a musical entertainer on one of there tour stops in the US. They are from Canada and have asked us to sign two separate contracts for two separate tour dates. They say they need both for visa reasons but both state that we would have to... Read more »

Nadine C. Atkinson-Flowers
Nadine C. Atkinson-Flowers
answered on Feb 12, 2022

You need to have a clear contract with them for immigration purposes. The contract has to be an agreement between you and them. If you don't like the terms you should say so and renegotiate. When entertainers apply for the P visa, which allows them to come to the USA to perform, they must show... Read more »

1 Answer | Asked in Family Law for New Mexico on
Q: I'm just looking for my grandfather's date of birth but can't get anywhere. There is no one to ask.

He was xxx xxx xxxx, executed in 1954 at New Mexico State Penitentiary. (State vs. Johnson) 1953

Gary William Boyle
Gary William Boyle
answered on Feb 11, 2022

Your grandfather was born on December 27, 1895, in South Bend, Indiana and died February 19, 1954, in Santa Fe. Not really a legal question but we are happy to help.

1 Answer | Asked in Criminal Law, Family Law and Federal Crimes for New Mexico on
Q: If a man's wife stabbed him and he didn't want press charges but state did will she go to prison

She was on probation for same thing when this happened

Richard W. Noel
Richard W. Noel
answered on Feb 9, 2022

A person may choose not to cooperate with a case once a person is charged with a crime. However, a husband not wanting to press charges doesn't necessarily mean the case goes away. The prosecutor may have enough evidence to proceed without the husband's cooperation. Whether she goes to... Read more »

1 Answer | Asked in Environmental and Land Use & Zoning for New Mexico on
Q: What law pertains, Neighbor changed flow of storm water by blocking arroyo and thus causing damage to road and dwellings
Robert King Reges Jr.
PREMIUM
Robert King Reges Jr.
answered on Jan 31, 2022

The first question you have to answer is whether New Mexico treats an "arroyo" as a "watercourse" or as a mere "drainway" for precipitation. Most states disallow blockage of a "watercourse" (bed, banks and reasonably consistent source of water) unless... Read more »

1 Answer | Asked in Car Accidents for New Mexico on
Q: Can I sue someone for hitting my parked car? My car was totaled.

I had my car parked when this man hit my car and ran away. I believe the police caught him, but now my car is totaled. I don’t have the money to buy a new one and my insurance won’t cover the costs. Can I take this man to court for damaging my property? Their car was stolen.

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jan 26, 2022

Yes, you can, however before doing that I would recommend that you file a claim against his car insurance and see if they will voluntarily cover your property damages.

1 Answer | Asked in Family Law and Child Custody for New Mexico on
Q: My son was born in new mexico n im from n.m too after he was born my sons mom took off with him to Colorado well 9yrs

Later she moved back to n.m for 8 months n let me n my son build a relationship then she just took off to Colorado out of no where then I filled for custody here in n.m but which state would have jurisdiction Colorado or New mexico

Gary William Boyle
Gary William Boyle
answered on Dec 15, 2021

If your son has been back in Colorado for less than 6 months, New Mexico courts will have jurisdiction over the custody issues. If he has lived in Colorado for 6 months or more this time, the Colorado courts will have jurisdiction.

1 Answer | Asked in Appeals / Appellate Law, Civil Rights, Constitutional Law and Public Benefits for New Mexico on
Q: is it posible for me to file a civil complaint on nm work force solutions for violating my equil opertunity rights
Tim Akpinar
Tim Akpinar
answered on Dec 13, 2021

A New Mexico employment law attorney might be able to advise best here, but your question remains open for four weeks. You could repost and add "Employment Law" as a category. There's no guarantee all posts are picked up. If still no response, you could reach out to NM employment law... Read more »

1 Answer | Asked in Copyright for New Mexico on
Q: I designed a pair of Vans shoes and they let me put my logo and company name on them. can I resell them as a collab
Marcos Garciaacosta
Marcos Garciaacosta
answered on Nov 12, 2021

If they allowed you to do anything to them you should contact them and review the agreement with your attorney.

1 Answer | Asked in Real Estate Law for New Mexico on
Q: How do I find an attorney with experience in obtaining a Court ordered way of necessity easement to a landlocked parcel
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 25, 2021

You will need a NM attorney that actually litigates real property. Title Searches will have to be performed first, and you may need a competent contractor to testify about the feasibility and expense of creating access. It will be an expensive and difficult Case, so purchasing a ROW is usually... Read more »

1 Answer | Asked in Estate Planning and Probate for New Mexico on
Q: my sister is the personal representative of my moms estate. she is not cooperating nor answering our questions.

She is stalling on deciding about probate. Can I, as an heir, take the will to probate? My mom died May 13, 2021

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Aug 15, 2021

If the executor named in a will does not open a probate in a reasonable time, any other interested party can. As the decedent's child, you are an interested party and you can hire an attorney to start a probate.

1 Answer | Asked in Environmental and Intellectual Property for New Mexico on
Q: Water from another property keeps destroying my property when it rains what and how do I go about fixing this

Coming off there roof out the back side of fence down the desert and out and tro my yard do I sue them are the city

Tim Akpinar
Tim Akpinar
answered on Aug 11, 2021

A New Mexico attorney could advise best, but your post remains open for four weeks. At this point, you could reach out to an attorney in your state who is familiar with the riparian rights/surface water run-off doctrines in your jurisdiction. These can vary across different parts of the nation.... Read more »

1 Answer | Asked in Probate for New Mexico on
Q: what form is used to request seeing what the will states with regards to the inheritance and who is to get what %?

I am the granddaughter to someone that told me (when they were alive) that I would receive 50% of the estate upon their death, and the decease's daughter has not openly or willingly informed of what to expect. in fact she didn't even inform me of the death. what can I do?

the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 6, 2021

If no document was filed as a Will with Probate Court, then the purported will has no effect. You might consider filing to Administer the Estate, and possibly receive some compensation that way. Unless you can locate the Will or a copy, it is doubtful there will be a Probate of an Estate where... Read more »

1 Answer | Asked in Copyright for New Mexico on
Q: If I make a t-shirt with the a famous person's name for myself not to sell am I breaking the copyright law
Marcos Garciaacosta
Marcos Garciaacosta
answered on Aug 2, 2021

You probably are but maybe your risk is low

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