New Mexico Inheritance Law and divorce settlement

[mcguire538]

What is the name of your state? New Mexico

I am divorcing after 37 years, I have been told by a settlement mediator that I am not intitled to very much of the $1,000,000 assets because the assets were aquired with money from my husbands inheritance. It goes like this:
1985 husband inherited a house, the house was sold and the money taken to buy another house that was put in bothe of our names. This was rolloed into yet another house, 4 houses all together over a period of 10 years. 1994 he inherited $400,000 this money was put in Fedelity accounts majority in both our names and used for comunity living. I have been told by the mediator that the initial $400,000 inheritnace money that was invested was his and every thing it was used for, my business, cars, etc. belongs to him since it came from the initial inheritance money. He has already stolen $100,000 from the safe and hidden it, and cleaned out the fedelity accounts, even emptied the kids collage funds to the tune of $50,000 each.

I have researched and can not any thing in New Mexico law regarding inheritance and alimony.

Thank you,

 

[LdiJ]

What is the name of your state? New Mexico

I am divorcing after 37 years, I have been told by a settlement mediator that I am not intitled to very much of the $1,000,000 assets because the assets were aquired with money from my husbands inheritance. It goes like this:
1985 husband inherited a house, the house was sold and the money taken to buy another house that was put in bothe of our names. This was rolloed into yet another house, 4 houses all together over a period of 10 years. 1994 he inherited $400,000 this money was put in Fedelity accounts majority in both our names and used for comunity living. I have been told by the mediator that the initial $400,000 inheritnace money that was invested was his and every thing it was used for, my business, cars, etc. belongs to him since it came from the initial inheritance money. He has already stolen $100,000 from the safe and hidden it, and cleaned out the fedelity accounts, even emptied the kids collage funds to the tune of $50,000 each.



I have researched and can not any thing in New Mexico law regarding inheritance and alimony.

Thank you,

You need to get yourself an attorney NOW.

 

[mcguire538]

New Mexico McGuire538

I had Atkinson & Kelsey paying a $10,000 retainer, I wanted a 50/50 split debt and assets. They proceeded to give him all check books told him to run my company and I wasn't allowed to have any contact with people in my industry which is gaming (casino). They also agreed to drop the order of protection, this guy is an abusor and to this day is stalking.

I then went to Morris Law firm and they farmed it out to a William Frazier, who in 10 months hasn't managed to get him to pay the court order to pay interim support. He also allowed the children and I to be removed from the house because husband said he needed it to work. They have now put a lean on my 40% prceeds from the sale of one of our houses which comes to about $40,000. I'm in $35,000 worth of debt and am being evicted from the rental were in. My car has been repoed and I have to walk a long way to work at the 7-11 were I worked because I can not do bussiness in my field of gaming.

I know that this seems so bizarre and that there are two sides to the story, but all I have done is followed the courts orders and been a victem of the attorney's I have had.

Long ugly story that started by him saying "first he would starve us and then he would kill me". He has never been made to answer discovery when he was ordered to account for every penny taken in and spent. He gets continuance anfter continuance to draw it out whil he still doesn't pay.

At this point I just want enough money to get out of debt and take the kids and leave the state.

The question about the inheritance will help me hopefully inforce the sale of all assets and I can get some money. My attorney won't even ask for the lump sum of $270,000 that is to be paid monthly untill 2015 at the rate of $2,250 a month. I insist he is a risk since he hasn't paid a dime in ten months, but my attorney says the settlement agreement (that hasn't been signed yet) can't be changed.

No one can truly believe this mess unless they have lived it. I really feel I'm a casuality of the system. My attorney is filinf a motion to quite because he says I'm abusive when trying to insist on thing like making him do discovery.

So I'm going to the bis day with an attorney that not only hasn't done his job but is looking to get rid of me..

I asked my attorney to research the inheritance information several months ago when the opposing side came up with it. But I was told I'm not the attorney he is and I need to listen to him.

I have found information regarding seperate property and if a person comes into the marrage with $10,000 and that money is then used for community purposses is has changed to mommunity and payment of the original $10,000 is void. So I would assume that any inheritance he had converted to community at the time the money was spent or invested in items thatwere listed as community.
But I would like to get the exact terminology. I have discovered a term of Transmutaion regarding this, but nothing stating inheritance.

But, I appreciate you even answering my posting every one else has gone screaming.

Thanks again

 

[Happy Trails]

This is going to be a messy one. My understanding is the inheritance is his, but since it has been used for investments within the marriage it really gets much too complicated for an on-line board to handle.

Ldij is correct, you need an attorney ASAP.

You may have found these links, but I'll pass them onto you anyway.

http://www.legalhelper.net/legal-fact-descr.aspx?fact=926

http://www.amsouth.com/smallbusiness/tips_and_tools/text/P12_2391.asp?pfpage=true

 

[mcguire538]

New Mexico Land of Entrapemnt

Thanks Happy Trails,

I really appreciate your help.

 

[Bali Hai]

Thanks Happy Trails,

I really appreciate your help.

Until we meet agsain.....

 

[Gibbler]

To Mcquire538

Sorry I dont have alot of advice to offer, but I just wanted to let you know how much I empathize with you. I have a situation kind of like yours. Husband always has the ball in his court, more money, gets away with things that cant possibly be right, continuance etc. After going thru this for years, all I see is that if your the a** in all of it, you get away with everything. I also, "did all the court ordered stuff". All it got me was grief. My ex never followed anything the court said either. And lawyers and JUDGES never did anything to change that. I have been divorced almost 4 years, cant work yet because of several heart surgeries, and now ex wants all the court ordered support back from all the years he made me wait to finally get my half of the property division. So I am now on my 3rd attorney. There is something VERY WRONG with the court system.
The only thing I can tell you from dealing with this (mine is in IL), is that yes you can change things after they are signed. I thought the same thing and found I was very wrong. My divorce settlement has been ammended so many times I dont even recognize what the original one looks like.
I sure hope you get everything you deserve, and I hope he gets what he deserves too. My thoughts really go out to you!

 

[mcguire538]

Thank you for your reply;

I need to know when to quit, and put this under "life isn't fair." The reason I have fought so hard is because I have two boys still at home. They are only 17 & 19. I was hoping to show them the good versus evil thing. Now they have a deep hate for the justice system that they will carry for the rest of their lives. If it wasn't for the debt I've incurred for the past 10 months trying to live I wouldn't care so much. But I'm am going to walk away from it after my next court date. I now have to show the boys there is a better life out there.

Blessings,

 

[i2mscrewed]

To Mcquire538

First, don't give up...all is not lost, even if you have to represent yourself (pro se). Sit down and take a deep breath. I am not an attorney, but I will attempt to help you, but this is not legal advice and you do need a different attorney for this mess. ->->DO NOT SIGN ANYTHING<-<- and ->->Don‘t allow anyone including your attorney to “bully” you <-<- ->-> Remember…you are, in a sense, your attorney’s boss…Start acting like it. Every waking moment, the only thought in your mind is going to be, “I am the boss. I am the boss. I am the boss. I am the boss. I am the boss. I am the boss... UNTIL YOU BELIEVE IT<-<-Now stand up straight with your shoulders back, look in the mirror and believe in yourself as you know your sons believe in you. As long as you have that...don't worry about their belief in the justice system as it often fails us all. You've made it this far, why are you giving up? The game is just getting interesting. As you are sitting in a position where you have nothing to lose, think about it, it is as bad as it is going to get. There is no where else to go but up and out with a good fight. Your sons know that you aren't a quiter so stop acting like one. If you can't be strong, then pretend you are. Now take another deep breath and be calm.

With very little to go on, let's start at the beginning:
You need to retain another attorney quick. You didn't specify when your next court date is or what it is for, but that can be changed (continuance).

You need to get copies of all the motions, legal documents, attorney correspondence, and especially the PETITION FOR DISSOLUTION OF MARRIAGE and the REPLY TO PETITION FOR DISSOLUTION OF MARRIAGE. Read the PETITION carefully. Now read the REPLY. The REPLY lists the things that your attorney has agreed or disagreed from the PETITION. Your attorney most likely asked for attorney fees to be awarded to you and for reasonable monthly spousal support amongst other things. Find what is called a TEMPORARY DOMESTIC ORDER. It should have been filed at the same time as the PETITION. This should order several things, amongst them being:
"Do not injure or physically or mentally abuse, molest, intimidate, THREATEN, or harass the other party or any child of either party", and "Do not close any financial institution account or cancel any credit cards nor remove the other party from any credit card account during pendency of this case, unless the parties otherwise agree in writing", and "Do not drop or cancel any insurance policy, including automobile...." and so on. It also contains a paragraph which states: "Violation of this court order may result in the imposition of a fine or imprisonment."If your husband is threatening you with or without a restraining order, this may help you.

The next step that should have happened is what is called an "INTERIM MONTHLY INCOME AND EXPENSES STATEMENT" which tells the court all your expenses that have to be paid and what you need to live comfortably while the divorce is being negotiated. This goes to court and an "INTERIM ORDER ALLOCATING INCOME AND EXPENSES" is ordered by the judge. In the State of New Mexico all the income is added up and all the expenses are added up. The expenses are subtracted from the income and what is left of the income is split 50/50. The expenses are split evenly between both of you also. This should have been covering your expenses to live and pay bills.

You did not state whether your husband works a job with a salary or self employed but if he is not adhereing to the ORDER, at the end of the ORDER there probably is a statement "Disobedience of this order can constitute contempt of court and subject the violator to fine, imprisonment and other sanction, plus payment of attorney fees and costs to the other party.

You can also file a "WAGE WITHHOLDING ORDER" with the court, which forces your husband to either cough up the dough or his employer is court ordered to transfer the funds withheld from husband's wages.

I will continue this after a breather.

 

[i2mscrewed]

To: mcquire538

O.K. now...here we go...

A step that should be taken is for your attorney to file a motion for an "APPOINTMENT OF 11-706 EXPERT" which will help untangle any financial descrepancy so that the court is not just getting fed whatever your husband wants in his favor.

You did not state the reason for the court to have ordered the house over to your husband except for reasons of work. What kind of work? After 37 years of marriage, and one of your sons is still under 18, it shouldn't have mattered about your husband or who owns the house. So... there's got to be more to this, especially since you had to hand the reins over of your business to him. Why isn't he working there?

Next...

Avail yourself of a couple of good books that you can probably find or order from Hastings or Amazon. These books aren't cheap but well worth the money spent:

"Investigative Accounting in Divorce" by Kalman A. Barson
"Guide to Tax and Financial Issues in Divorce" by J.K.Lasserpro

The second book mentioned has a comprehensive outline for discovery questions that you may want to take a gander at, although not entirely conclusive as each divorce is different.

Ask (demand-but you get more with being nice but firm) to see and get copies of "DISCOVERY INTERROGATORIES WITH PRODUCTION REQUESTS" and any "DEPOSITIONS" and the "DISCOVERY" questions and the "DISCOVERY" answers. Read these carefully and note any descrepancies that you know of.

Quote from the first mentioned: "...anything acquired by gift or
inheritance and items that preceeded the marriage ->->(provided
that any such assets were continuously maintained as the
equivalent of separate property)<-<- are considered to be outside
the marital pot and not available to the other spouse in a marital
action."
BUT....
"When active assets (such as an interest in a business in which
one works were acquired prior to the marriage or by inheritance or
gift during the marriage, ->->one needs to ascertain the increment
in value from the time of the marriage, gift, or inheritance to the
time of the complaint.<-<- Various issues may arise in this exercise,
including inflation, the general economy, the economic trends in
that type of business, the location of the business, and ->->the
efforts of either spouse and the extent of compensation derived
from the business by either spouse."<-<-

It looks like you need to get a fairly detailed analysis done to identify the role
your husband played in the company as well as your own, "the increase in the value of the company year to year, and the extent that such year to year changes could be attributable to your husband or yourself."

I am taking another breather...

 

[i2mscrewed]

To mcquire538

Oh, I meant to write that if you can't afford or get ahold of these books, let me know in the forum. I am right here in the "Land of Entrapment" and you can borrow them from me. I'll continue, but I am trying to do this in between my own life things, ya know, kid wants this, blah blah blah etc.

Oh yeah---I am not an attorney. You do need an attorney. What I write is not legal advice but merely what I went through.

 

[dallas702]

I don't have NM statutes in front of me, but if NM is a community property state and the inheritance money has been comingled the way you describe, you are entitled to half of ALL the value of your combined assets. Even without the community property division you are entitled to spousal and child support that will keep you and your children in a lifestyle similar to what you have contributed to for almost 40 years. I'd estimate that to be somewhere near $6000/month plus rights to the home and a vehicle.

 

[Bali Hai]

I don't have NM statutes in front of me, but if NM is a community property state and the inheritance money has been comingled the way you describe, you are entitled to half of ALL the value of your combined assets. Even without the community property division you are entitled to spousal and child support that will keep you and your children in a lifestyle similar to what you have contributed to for almost 40 years. I'd estimate that to be somewhere near $6000/month plus rights to the home and a vehicle.

Yep. The fool thought he loved her (maybe still does) and co-mingled his inheritance money for her benefit. Sure sign of weakness on his part.

Now she's divorcing him (perhaps because no more inheritance) and stands a CHANCE of taking what should have been seperate property.

Any lessons here???

 

[i2mscrewed]

A thought to Bali Hai re: mcquire538

Originally posted by Bali Hai:

...Yep. The fool thought he loved her (maybe still does) and co-mingled
his inheritance money for her benefit. Sure sign of weakness on his part.

Now she's divorcing him (perhaps because no more inheritance) and
stands a CHANCE of taking what should have been seperate property.

Any lessons here???


Wow--that's cold... 37 years of marriage? And, you think he doesn't owe her? I believe the "fool" put the houses in both names in 1985. If it was really a case of her divorcing him "perhaps because no more inheritance" why wait until now. Why not divorce 20 years ago? Besides, it appears that "donative intent" was pretty clear.

 

[i2mscrewed]

To mcquire538

I can't understand from your information as to the reason why there is already a settlement agreement on the table when the discovery request hasn't even been received. This lawyer, William Frazier sounds like he has compromised your whole situation. Don’t fire him. Get yourself a competent attorney who isn't afraid of taking control of the situation at hand and that will aggressively champion your interests. Let your new attorney allow your present attorney to bow out with a motion to "Withdraw and Substitution of Counsel". Why? Because then the court will see that you are not just dissipating assets. His withdrawal will be considered out of your control. Generally, when interviewing a new attorney, most attorneys don’t charge for the first hour as they are also sizing up the situation on whether to accept your case or not. You may want to suggest to the prospective attorney that although funds are short for a retainer, the attorney could always file a motion with the court immediately upon substitution of counsel of “A MOTION FOR ATTORNEY FEES PURSUANT TO RULE 1-054 NMRA” and possibly a motion to withdraw the settlement agreement and other agreements not yet signed or in process.

I know that you are right now thinking...that's easier said than done. Your right. So you are going to have to get a frame of mind going, that this is going to be the hardest thing you will have to do, but not impossible.