New Mexico Last Will and Testament Form

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New Mexico Last Will and Testament: What Is It?

In New Mexico, a Last Will and Testament document is a legal document that allows someone to specifically state what they would like to do with their assets and belongings once they pass away. The person dispersing their assets, known as a Testator, has full choice as to where they wish for their assets and belongings to go. Typically, these documents are used for a person leaving their assets to their children, spouse and other loved ones, however, it is also used to specify funeral arrangements, last meal specifications, and even donate to charity. In New Mexico, this document is legally enforceable as long as it is signed by two Witnesses and notarized by a Notary Public.

New Mexico Last Will Laws

Definition of Will - § 45-1-201(52)

Laws - Chapter 45 (Uniform Probate Code)

Witnesses - According to Section 45-2-502, the Will must be signed by two (2) Witnesses.

How to Write a New Mexico Last Will and Testament

Provide specific information on the following sections:

Establishing who the Testator of the Will is:

  • Name
  • Gender
  • City of residence
  • County of residence

Marital Status

  • Spouse name - will he/she be named as a beneficiary?

Children, Pets, Property, Life Insurance

  • Children - Name, living status, and whether or not he or she will be named as a beneficiary in your Will
  • Pets - Pets names and descriptions
  • Property - Property addresses
  • Life Insurance - Policy number, company name, and contact information

Inheritance Amounts

  • State what amount or percentage of assets or property children will receive

Setting up a Trust

  • State whether or not you’d like to set up a Trust for someone
    • Setting up a Trust for someone who receives benefits such as Medicaid or Supplemental Security Income can prevent any issues with their ability to receive such benefits.

Set Boundary Ages

  • State what age children must be to start receiving benefits
  • State what age children must be when benefits will end
  • State the portion or percentage that they will receive

Funeral Home Arrangements

  • Provide the name and address of the funeral home you wish to be taken to

Last Meal

  • Provide specifications on the last meal after your funeral service

Appoint your Executor - the person who will execute your will:

  • Name
  • Relation to you

Appoint your Trustee - the person who will distribute the assets out of your Trust (if your assets are set up in a Trust)

  • Name
  • Relation to you

Appoint your Digital Executor - this is the person charged with distributing your digital assets:

  • Name
  • Relation to you

Guardian over minor children:

  • Name
  • Relation to you

Name other beneficiaries:

  • Name
  • Relation to you
  • What amount or percentage they will inherit

Removing or disinheriting a beneficiary:

  • Name
  • Relation to you

Witnesses - Provide the following information for each witness:

  • Name
  • Relation to you
  • Full mailing address
  • Telephone number

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