Rio Rancho Wills Lawyer

Everyone should make a will and keep it updated regularly. While that may seem like a simple maxim, the reality is that many of us put off creating a will until we start to feel worried about the future. Those of us who do have a will prepared may not look at it for years — possibly even decades — at a time. This is your sign: go over your estate plans with the help of a Rio Rancho wills lawyer at the next available moment. It won’t take up too much of your time, and you’ll be glad you did it.

The act of preparing or updating a will gives you the opportunity to revisit all of your major assets and other estate plan concerns all at once. Undergoing this review with an experienced Rio Rancho wills attorney provides perspective. You gain a clearer view of all of the most important financial and legal matters in your life. You can then implement a strategy to prepare your loved ones for a time when you are no longer going to be around. Making these preparations can give you peace of mind, knowing that no matter what happens, you have a plan ready.

Take the needed steps to put your mind at ease and protect your family in the event of the unexpected. Reach out to our Rio Rancho wills law firm today at (505) 503-1637 or contact us online to schedule a no-obligation case review.

Why Get the Help of a Rio Rancho Wills Attorney?

You have many options for creating a will. Some people go the complete do-it-yourself route, writing up a will from scratch. Most people doing a DIY will, though, rely on existing templates or online tools to create their will. Unfortunately, using these options can lead to issues or unintended consequences down the line.

It’s not necessarily true that “any will is better than no will.” Certain wills can cause confusion for your surviving loved ones, especially the person who has to enter the will into probate (known as your personal representative or executor). Worse, some wills may end up having their validity challenged in court. If the will is declared invalid, then your estate is considered intestate, meaning that only your immediate surviving next-of-kin can receive anything from it. An older will could be used if it is unrevoked and otherwise valid, but in all likelihood, this will was changed for valid reasons.

Put simply, trusting an online service, template, or your own DIY legal abilities can lead to stress and heartache for your family. If they have to defend your will in district court, it lengthens the timeline of probate while eating up administration costs from your estate. Your family is likely to get less money as a result.

Hiring a Rio Rancho wills lawyer can ensure that you get your will done right the first time. After that, your attorney can help you update your will every few years or after major life changes.

The advantages of hiring an experienced Rio Rancho wills attorney include:

• Knowledge of specific state and federal laws that could affect your estate plans
• Guidance on making your will compatible with the rest of your estate plan
• Insights based on your attorney’s experience that can maximize your will’s effectiveness while avoiding common pitfalls
• A thorough review of your overall estate, including your intended heirs, your goals, your assets, and any complicating factors like a business partnership or substantial debt
• Assistance with preparing your estate and personal representative for probate
• In-depth information on trusts, power of attorney, an advance healthcare directive, and other components of a well-rounded estate plan to ensure your strategy conforms to your overall goals
• Answers to your questions (or your survivors’ questions) at any time
• The ability to quickly update or revise your will if your estate plan strategy changes, without needing to recompile everything into an online tool
• More robust due diligence and stronger assurances compared to online tools that often have disclaimers trying to absolve the company from liability
• Personalized legal advice, which cannot be legally offered without consulting a licensed attorney
• Possible support for your personal representative during probate
• A record of your discussions and intentions, which can provide helpful evidence in the event of disputes involving wills and trusts or powers of attorney

When you obtain these services from a Rio Rancho wills lawyer, you can earn greater support and feel more at ease knowing that you have someone to personally advise you every step of the way. You also get input on estate planning, which means that your will is highly unlikely to contradict or work against other parts of your estate plan.

If you are ready to learn more about how to get started and what the best things to include in your own will might be, contact a Rio Rancho wills law firm to get started.

What Can Be Included in a Will in Rio Rancho?

Most wills contain a few basic provisions:

• A declaration of testamentary intent, which means that the person writing the will (AKA, the testator) is acknowledging that the document is supposed to be used as their will
• An assertion that the testator is of sound mind and is not making the will because of undue influence or duress
• A complete list of heirs and an overview of estate property
• Bequests and devises, which give personal property or real property, respectively, to a chosen heir
• The name of the person or business selected to act as personal representative

A testator may also want to include the following in their will:

• Contingency clauses, which set up a backup beneficiary in case the testator’s first choice has died or is otherwise unable to accept the property as planned
• A residuary clause, which gives any property not explicitly covered by the will to one or a few primary beneficiaries
• The testator’s preferred choice of person to assume guardianship over any minor children or adult dependents in their care
• A clause revoking all previous copies of the will
• A list of digital assets and requests for how they will be handled, such as asking your family to save copies of photos on a social media profile before deleting everything
• A no-contest clause, which can cause someone to lose their inheritance if they lodge an unsuccessful will contest or other complaint against the estate
• An attestation clause, signed by the witnesses to the will
• A survivorship clause, which provides a time limit that requires a beneficiary to outlive the testator by a certain number of days, thereby preventing legal confusion if both parties die relatively soon after one another
• Provisions funding a living trust (AKA a “pour-over will”) or a testamentary trust 
• Disclaimer clauses, which allow a beneficiary to refuse an inheritance, passing the inheritance instead back to the estate or a contingent beneficiary

There may be other clauses or provisions you would want to include in your will. If you have complicated estate arrangements because of co-owned property or business shares, for example, you may want to describe a deal to sell your share of interest at the time of your death to fund the estate. You may also want to specifically promise your personal representative a certain amount of compensation for their services when the time comes.

Refer to a Rio Rancho wills lawyer for guidance to draw up a personalized will and make sure it includes everything needed to achieve your vision for the future.

How Can I Make a Valid Will in Rio Rancho?

For a will to be valid, the testator has to be of sound mind and over eighteen years of age or an emancipated minor (NM Stat § 45-2-501). Per New Mexico law (NM Stat § 45-2-502), the will has to be in writing, and it has to make clear who the will is for and that they intend to use the document as their will (i.e., a declaration of testamentary intent).

Once the will is complete, the testator has to sign it. If they are unable to or, for whatever reason, do not wish to sign it, they can have it signed by someone at their express direction and in their presence.

Two witnesses have to see the testator sign the will, and then they have to sign the will themselves in front of the testator and each other.

The testator can optionally have the will notarized by having a notary public present at the time they sign their will. A notarized will is “self-proving,” meaning that the personal representative does not need to call witnesses to testify that the testator’s signature is genuine.

Why Make a Trust?

A trust can be a beneficial part of estate planning for many situations and families.

One of the most common types of trusts a Rio Rancho wills lawyer might recommend is a living trust. These trusts are revocable, meaning they can be dissolved at any time by the trust creator (who is called the “grantor”). 

The grantor can name themself as a trustee along with a co-trustee. This co-trustee can be their wife, an adult child, a trusted friend, or a professional like an accountant or attorney. The co-trustee can step in automatically to help manage the trust’s contents when the grantor dies or is incapacitated, meaning the grantor lacks the mental ability to handle the trust themself. 

With their ability to quickly access and manage the trust, the backup trustee can make sure that bills are paid without delays. If the grantor has passed, the trustee can make asset distributions from the trust without waiting for probate to finish. In this way, a living trust provides benefits for business continuity, incapacity planning, probate avoidance, and estate planning, in general.

Other types of trusts that can be used to complement a will include:

• Testamentary trust — A trust formed by a provision of the grantor/testator’s will at the conclusion of probate. 

• Bypass or credit shelter trust — Preserves property for children and other beneficiaries, as opposed to having a surviving spouse inherit it all. The spouse often receives income from the trust and can draw from the principal for certain emergencies.

• Charitable trust — Supports a charitable cause and can also support non-charitable beneficiaries, such as the grantor’s children, while also providing certain tax advantages.

• Pet trust — Ensures the care of a pet by appointing a caretaker and trustee, along with funds to pay for the pet’s care for the remainder of their expected life.

• Medicaid trust — Removes property from your estate, which can help you qualify for Medicaid long-term care when you get older or become disabled.
• Special needs trust — Similar to a Medicaid trust, these act as a supporting account for adults with disabilities who rely on programs like Medicaid and Supplemental Security Income; use of a special needs trust can help them avoid being disqualified because they went over resource or income limits.

Some trusts only make sense for families with a high net worth, since estate tax exemption limits are now close to $14 million in 2025, which increases to $15 million in 2026. Other trusts, like a Medicaid or special needs trust, can be a matter of survival in cases where you or a loved one couldn’t afford care through any other means.

Trusts are flexible in many ways, with the ability to offer advantages that fit perfectly within some estate plans. You can review all of your options for trust formation with the help of an estate planning attorney in Rio Rancho, just to make sure you haven’t overlooked anything that could benefit your family.

What Is a Living Will?

A living will is another name for your instructions for healthcare. These are included as part of your advance healthcare directive, which comes into effect when you are incapacitated.

By creating a living will, you can state your preferences for medical treatment in situations where you fall unconscious or lose your mental faculties with a low chance of making a full recovery. Examples of care preferences you can state include what medical provider, facility, or treating physician you want to look after you. You can also specify whether or not you would want any of the following:

• Artificial nutrition ( a feeding tube)
• Artificial hydration (an IV)
• Mechanical ventilation (a breathing machine)
• Antibiotics
• CPR or defibrillation
• Surgical intervention, including the insertion of a pacemaker
• Pain medication
• Hospice care in your own home

Forming an advance healthcare directive is important because it tells your loved ones how you want to be treated when you are unable to speak up for yourself. You can create one while you draft up a will and discuss other options by meeting with a lawyer from a Rio Rancho wills law firm.

Come to Our Rio Rancho Wills Law Firm for Personalized Guidance

New Mexico Financial Law has decades of collective experience creating wills, preparing families for probate, and providing other estate planning services for individuals throughout the state. We understand the discomfort that can arise during these discussions, so we take measures to help you feel at ease and understand all of the available options. We also listen closely to you as you describe your goals and voice any concerns you have for the future. These practices ensure that our clients can make the best estate plans possible with the help of our Rio Rancho wills law firm.

Take the steps you need to feel prepared and to keep your estate plans up-to-date when you call (505) 503-1637 or contact us online to schedule a confidential, no-obligation case review with a compassionate Rio Rancho wills attorney.