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Probate Family Allowance
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New Mexico family allowance law
Remember, the family allowance is in addition to any inheritance left to the spouse and minor/dependent children, unless otherwise specified in a will. Adult children are not eligible to receive the family allowance.
Personal property allowance in New Mexico
The personal property allowance is exempt from and has priority over all estate claims, except for the family allowance. Thus, the spouse and children of the decedent have first claim to the $15,000. Unless a will says otherwise, this personal property allowance is in addition to any inheritance left to the spouse and children.
It is important to recognize that family and personal property allowances only apply to the estates of decedents who resided in New Mexico.