New Mexico Wrongful Death Laws

  • If you die in the state of New Mexico without a will, you are said to have died intestate. Under New Mexico intestate succession laws, who gets what depends on whether there are living children parents, a spouse, or other close relatives when you die. Only those assets that would normally go through your will are divided among intestate succession laws.

    Read the following to understand intestacy laws in New Mexico:

    • If the deceased leaves behind children but no spouse, parents, or siblings, the children will inherit everything.
    • If the deceased leaves behind a spouse but no children, parents, or siblings, the spouse will inherit everything.
    • If the deceased leaves behind parents but no children, spouse, or siblings, the parents will inherit everything.
    • If the deceased leaves behind siblings, but no children, spouse, or parents, the siblings will inherit everything.
    • If the deceased leaves behind a spouse and children, the spouse will inherit all of the community property and 1/4 of the separate property. The children will inherit 1/4 of the separate property.
    • If the deceased leaves behind a spouse and parents, the spouse inherits all of the community property and 1/4 of the separate property, and the parents inherit 1/4 of the separate property as well.
    • If the deceased leaves behind a spouse and siblings but no parents, the spouse inherits all of the community property and 1/4 of the separate property. The siblings inherit 1/4 of the separate property as well.

    To learn more about intestacy laws, visit www.nolo.com.

    If you or someone you know has lost a loved one without a will, contact the lawyers at Meyerson and O’Neill law firm for assistance today at 877-373-8059.

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