Higgins-law > Practice Areas > Real Estate Lawyer Albuquerque NM

New Mexico Real Estate & Trusts

Prepare for life’s most important moments.

Whether you are selling or buying a home or Commercial property in Albuquerque New Mexico, or determining how to leave this property to your heirs, my office can help. I handle a broad range of real estate related issues in Albuquerque New Mexico, preparing real estate closing documents in New Mexico, zoning issues, drafting of and the creation of Trusts.

Higgins Real Estate Attorney Albuquerque NM

Albuquerque New Mexico real estate law is a unique area of practice. There are many issues that you face when purchasing or selling commercial or residential real estate, litigating your property rights in court, or making the decision to transfer real estate to decedents either before or after you pass. It is important to plan ahead for these events to ensure that your largest assets are protected and passed along as you intend. Our Real Estate Attorney in Albuquerque NM can help you with a host of real estate issues including deeds, notes, mortgages, and other mechanisms to ensure your intentions are carried out.

Some of the questions you will need to consider include: How do you protect your Albuquerque New Mexico real estate Assets if, as you age, you need to rely on nursing home care?  How do you transfer real estate assets to multiple decedents? All of these questions are quite common and real concerns for people wishing to preserve and pass on their New Mexico real estate assets.

If you need help navigating the options to secure your real estate assets, please contact our Albuquerque real estate lawyer or email [email protected] for a free consultation.


What do I do when someone dies without writing a Will in New Mexico?

As we all know, people die unexpectedly. Even the most organized of us can overlook the importance of writing a Will. A Will in New Mexico is a document that gives instructions on how to give away your property when you die. Just because you don’t make a Will, doesn’t mean that your property won’t be given away according to a statutory scheme. In the case that you did not write a Will, the New Mexico State Legislature devised a scheme to get rid of your assets.  I refer to this as a  “pre-written” Will that has been designed by law. A “pre-written” Will is a statutorily written way to tell the living how to distribute property. In New Mexico, the instructions on how property is distributed can be found the in If you need help with this area of the law feel free to contact John Frank Higgins for further explanation at 505-944-5400, or email me at [email protected]

Curious what this looks like? We have a copy of Michael Jackson’s will that you can view.

What is Probate?

When you hear the word “Probate” one usually thinks of the distribution of assets and paying debts and bills after someone dies. There is also a special New Mexico Court referred to as the “Probate Court”. The Probate Court can deal with several different issues, including what to do with New Mexico Property and money when someone dies. This Court can also deal with issues having to do with interpreting a Will.


Trusts are a very specialized and unique area of the law in New Mexico. If you need or have questions about a particular trust that you may want to set up, please contact me directly as these can be very complex and require that I receive specific information from you.

What is a trust?

A Trust can be set up for many different reasons. It is usually set up to protect someone’s interest in money or other assets from others (or themselves). There are a few terms that you need to know. A trust is made up of a “Trustee” and/or a “Beneficiary.” The “trustee” is the person or entity that has legal title to property for another person who is called a “beneficiary.” There are many different types of Trusts and arrangements that can be established, and the rules for each can get quite complex.

Why would I need a Trust in New Mexico?

Trusts can be a very good tool to help you or your family avoid the hassle of going through probate. Probate can be expensive and time consuming, thus a Trust may be a good option for you. To have a Trust that is effective, you will need to draft a Will.  Should you obtain property after your written will, and then pass away, the Will protects the property that was not formally written in the will. If this already sounds to complicated, feel free to call our Albuquerque real estate lawyer office at 505-944-5400 or email us at [email protected]. There are a lot of legal websites out there that try to make this process seem easy- however- it is always better to consult with a professional before trying to do this on your own.


    We look forward to helping you with your legal needs