Estate Planning, Wills, and Trusts

It’s never too early to start planning for your future, including what will happen to your estate upon death. When you’re ready to draw your will and trust, get in touch with the attorneys at Bristol Law Office. We’re a locally owned and operated law office based in Roswell, NM.

 

For over 30 years, we’ve been helping the residents of Roswell and the surrounding communities manage their property and possessions. In our decades of operation, we’ve helped many clients feel at peace, knowing their final wishes will be carried out.


Have peace of mind knowing you are taking care of your loved ones. Call (575) 625-5284.

What is Estate Planning? Isn't that just for rich people?

No, it is not just for rich people. Planning includes planning to avoid probate.


Did you know that even if you have a Will, real estate almost always causes your heirs to have to probate the Will? We have a fix for that! We walk you through the steps to help your heirs avoid probate court.


If one spouse has to go to a nursing home but has too much income to qualify for Medicaid, we can prepare an Income Diversion Trust that will qualify them.

Estate Planning FAQ

  • When should I consider estate planning?

    As soon as you have children. Who is going to raise them if something happens to you? In your Will you decide who raises your children, not some judge.  

  • What life changes would affect estate planning?

    Having children is one thing; you need to name a testamentary guardian over your children. A divorce is another thing; you need to change beneficiaries on all your insurance and retirement accounts. Just as important, you need to give a Medical Power of Attorney to someone in case you are in car wreck, get sick, have a stroke, etc.

  • What is ‘estate planning’ anyway?

    It is a variety of things.  It means giving medical or financial powers of attorney to someone.  It can mean making a Will or amending a Will.  For real estate we use a transfer on death deed to avoid probate.  We also talk about other ways to keep your estate out of probate.  

  • Can I change my Will? Do I have to ask my husband’s permission?

    You can make a new Will or, for small changes, we make an amendment called a Codicil. You do not, repeat, not, need your husband’s permission unless you made a joint will and those are very rare.

  • How much money do I have to have to do estate planning?

    Estate planning is not so much about the money as making sure you have a medical power of attorney, financial power of attorney, and setting up your bank accounts, life insurance, and retirement accounts to pass without needing a probate.

Power of Attorney

An elderly man came in the other day. He said the VA told him his adult daughter needed his Power of Attorney so they could discuss his medical issues with her. 


I asked, “As long as you are here, have you given any thought about who you want to leave your house to when you pass away?” 


He said he had already added his daughter to the deed. I asked, “Did you name you and your daughter as joint tenants? Because if you did not, then she won’t automatically get the house when you pass. Please bring in the deed and let me review it for you.” 


He brought in the deed and sure enough, they were not joint tenants. We fixed the problem for him, so he was able to accomplish the goal he wanted.

  • What is a Power of Attorney?

    A Power of Attorney is a document that allows you to give another person permission to act on your behalf, in the situations you have chosen.

  • Who should have a Power of Attorney?

    The easy answer is that everyone should have a Power of Attorney, especially for health care. A Power of Attorney can be a lifesaver, but a lot of the time, by the time the Power of Attorney is needed, it is too late to get one. For example, once someone becomes incompetent, it is too late for them to give a Power of Attorney. Likewise, if there is an accident and you need someone to make health decisions, you may not be conscious to give a Power of Attorney. 


    So, yes, it is vital for everyone to have a Power of Attorney. However, it is important to only pick someone you can trust. This brings me to the next question....

  • If someone has a Power of Attorney for me, do they get to make all of my decisions instead of me?

    NO. Allowing someone to have Power of Attorney does not mean that they get to run your life for you against your wishes. You still get to make all of your own decisions. A Power of Attorney shares the power to do things; it does not give up the power to run your own life. If at any time you change your mind about someone having Power of Attorney or suspect they may be misusing the Power of Attorney; please contact a lawyer immediately to find out how to cancel the Power of Attorney and how to protect yourself.

  • Why do I need a lawyer to help with my Power of Attorney (I can just get one online)?

    It is true that you can find plenty of Power of Attorney forms online, but here are a few reasons why you should at least meet with an attorney before signing an online Power of Attorney:


    1. Each state has different rules on what must be in a Power of Attorney and how it needs to be done. Meeting with a local attorney will give you the chance to make sure that Power of Attorney will be recognized where you live.

    2. A Power of Attorney should be specific about what you are giving someone permission to do on your behalf. The legal system is very picky about the wording it uses, much like the difference in baking soda and baking powder. The two sound very similar, but mixing them up in a recipe is going to make a huge difference.

    3. You might only need to give a Limited Power of Attorney.  Talking to a lawyer can help tailor your needs for you.

    4. It is also important to speak to a lawyer so that you know all of the rules around your Power of Attorney - like when it starts and when it ends. 



    Having a Power of Attorney that has been reviewed by a local lawyer is something everyone should have.

Probate FAQ

  • What is a Probate?

    A Probate is the legal process of transferring a deceased person’s legal interests and the things that person owned to another person or persons.

  • What is the difference between intestate and testate?

    The difference between intestate and testate is whether someone died with a Last Will and Testament or not. If someone is “intestate,” that just means that they did not have a Last Will and Testament when they passed away. If someone is “testate,” that means they did have a Last Will and Testament when they passed away.

  • What advice would you give when someone passes away?

    The three most important pieces of advice that our office would give to everyone are:


    1. Don’t rush to do anything. Don’t close any bank accounts with the deceased’s name on them for at least one year.


    2. When the funeral home asks how many copies you need of the Death Certificate, get 10 or 12 copies. When everything is said and done, it is not a big deal if you have extras. However, if you do not order enough, it can be difficult to order more, and it is a very time-consuming process.


    3. Consult an attorney. Especially before paying any bills. Talk to an attorney so you can learn whether or not you need a Probate, how to protect your rights and interests, or how to handle debts and assets; it is very important to discuss these questions early on. 

  • Do I inherit my parents' debts after they die?

    No, you do not.

  • Why do I need a lawyer for a Probate?

    There are a lot of small things that can impact a Probate. Before you file anything, pay anything, or give anything away, the first thing you should do is consult an attorney. An attorney can review the situation and give important information on how you should proceed. 


    An attorney can determine if a Probate is needed. Explain which court you should file the paperwork in. What paperwork do you need to fill out? What bills to pay? How to document everything that you need to document. Our office can answer all of these questions and more. 


    We understand that losing someone is not only emotional but extremely stressful. We can help you traverse this difficult path with patience and confidence. Call our office today to set up your consultation.

  • What should you do if your loved one has passed away and you can't afford a Probate?

    If your loved one has passed away, and you don’t think you can afford probate, New Mexico has provided a way to handle small estates without having the hassle of going to probate court. Did you know that there is a simple procedure to claim bank accounts, change car titles and even access a safe deposit box without probate?

When should I make a Will?

The time to make the Will is before you need it. 


For example, who is going to raise your children (or grandchildren) if something happens? Parents with minor children need a Will so they can name a guardian for their children in case they pass away. Otherwise, there will be a guardianship proceeding costing thousands of dollars.


Plus, you have no say as to who is going to raise your children. Aren't there some relatives that you definitely don't want raising your children?

Fun Facts About Wills

Did you know that New Mexico does not recognize handwritten wills?


Handwritten wills are called “holographic."


Do you know who your heirs are? 


It is a trick question! Living people have no heirs. Only deceased people have heirs. And if you are reading this, you are probably alive.


If you have sole and separate assets before you get married, and you die without a will, your spouse gets 1/4 of your sole and separate assets. Your children will receive less of your assets because you did not get a will. 

Wills FAQ

  • I am a young parent without any assets - why do I need a Will?

    If you are a young parent, who is going to raise your child if you pass away? A good-for-nothing cousin who just wants the child’s social security check? The only way to make sure the person you want to raise your child actually gets to raise them is to have a Will appointing them.

  • If you are a young parent, who is going to raise your child if you pass away without a Will?

    The State is going to decide, that’s who.  


    We can help you with a Will that will take care of your child after you are gone.  

  • This is my second marriage. My kids will still receive my estate, won’t they?

    If you are in a second marriage, do you want to provide for your children from your first marriage with some of your estate? Without a Will, all of your half of the community property from the second marriage will go to your surviving spouse; none of your half of the community property will go to your children from the first marriage. A Will can provide for those children.


    Unfortunately, our office has seen the devastation that can be left behind when someone passes without a will. Nothing is more heartbreaking than watching a family be torn apart over simple misunderstandings. 


    A Will not only makes sure your wishes are followed but also helps keep the peace. When everyone in the family knows what you want, they are less likely to fight. Your Will also reduces the costs involved in a Probate.

  • Sure, but I can just download a form for free. What about getting a form off of the internet?

    It is dangerous to use a one-size-fits-all form. You may not know how to properly fill it out. For example, leaving your estate “to my three children or their survivors” is not the same as “to my three children, or if deceased, their children.”


    Contact our office to discuss your Will and all of your estate planning needs.

Advance Health Care Directives

What is an Advance Health Care Directive?


An Advance Health Care Directive is a document you sign in advance that allows you to give another person permission to make medical decisions on your behalf if you are unable to make the decisions. It is a medical Power of Attorney. The AHCD also has end of life decisions for you to choose and allows you to state a preference for a guardian, should you need one.


Now is the time to have a serious conversation with your loved ones about your end of life wishes. But if it is not in writing, the doctors may not do what you told your family what you want.


Who should have an Advance Health Care Directive?


Everyone should have an up-to-date Advance Health Care Directive. In the event you are in an accident and are unable to make health care decisions for yourself, it is important that there is someone who can express your wishes to the health care providers. Without an AHCD, the hospital will not talk to your parents or children because HIPPA regulations say they have to keep your information confidential.


If I have an Advance Health Care Directive, is that enough?


Another important aspect to your Advance Health Care Directive is having a conversation with the person you are appointing to make your health care decisions for you. It is very important that they understand what your wishes are. For example, if a machine is the only thing keeping you alive, do you want them to take you off of the machine or not?


Why do I need a lawyer to help with my Advance Health Care Directive (I can just get one online)?


It is true that you can find plenty of Advance Health Care Directives online, but here are a few reasons why you should at least meet with an attorney before signing an online Advance Health Care Directive:


1. Each state has different rules on what must be in an Advance Health Care Directive and how it needs to be done. Meeting with a local attorney will give you the chance to make sure that Advance Health Care Directive will be recognized where you live.

2. An attorney can explain what the Advance Care Directive covers and explain what the differences are between the options. 


Do I need an Advanced Health Care Directive for my single adult children and why?


Yes, because of HIPAA codes, the healthcare facility or doctor cannot provide healthcare or treatment information for an adult, even to their parents.


Having an Advance Health Care Directive that has been reviewed by a local lawyer is something everyone should have. 

Can’t find what you’re looking for? Simply call our staff at (575) 625-5284.