45-6-102. Liability of nonprobate transferees for creditor claims

[pro.se.litigant]

New Mexico

What does this mean in regards to a creditor:

G. A proceeding under this section may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving ... child,

Is the child referring to the children of the decedent as in the beneficiary of the Will?

.... or a creditor.

Is this referring to a creditor making a demand on the claim? If, so then a proceeding on the claim can not proceed until the creditor files a demand correct?

If the personal representative declines or fails to commence a proceeding after demand, a person making demand may commence the proceeding in the name of the decedent's estate, at the expense of the person making the demand and not of the estate. A personal representative who declines in good faith to commence a requested proceeding incurs no personal liability for declining.

Thanks!...

 

[adjusterjack]

1 - You left out a lot of the statute.

https://law.justia.com/codes/new-mexico/chapter-45/article-6/part-1/section-45-6-102/

2 - You need to tell us what is happening and what you are doing that gives rise to the question.

 

[zddoodah]

Context means everything. Section 45-6-102 concerns nonprobate transfers, which is defined in sub-section (A) to mean "a valid transfer effective at death, other than a transfer of a survivorship interest in a joint tenancy of real estate, by a transferor whose last domicile was in this state to the extent that the transferor immediately before death had power, acting alone, to prevent the transfer by revocation or withdrawal and instead to use the property for the benefit of the transferor or apply it to discharge claims against the transferor's probate estate."

Section 102 allows the transferee of such property to be held liable for creditors' claims to the extent that the decedent/transferor's estate is unable to pay such claims. The liability is to the estate.

The language you quoted comes from sub-section (G) and says, in full, "A proceeding under this section may not be commenced unless the personal representative of the decedent's estate has received a written demand for the proceeding from the surviving spouse or a child, to the extent that statutory allowances are affected, or a creditor."

In other words, if the nonprobate transfer results in the surviving spouse or a child not being able to receive a statutory allowance or in a creditor not being able to be paid, the spouse, child or creditor may make written demand to the personal representative to institute an action against the transferee.

If that doesn't answer your question, you should do this:

You need to tell us what is happening and what you are doing that gives rise to the question.

 

[pro.se.litigant]

In other words, if the nonprobate transfer results in the surviving spouse or a child not being able to receive a statutory allowance or in a creditor not being able to be paid, the spouse, child or creditor may make written demand to the personal representative to institute an action against the transferee.

Thanks, this answered the question.

 

[pro.se.litigant]

1 - You left out a lot of the statute.

https://law.justia.com/codes/new-mexico/chapter-45/article-6/part-1/section-45-6-102/

2 - You need to tell us what is happening and what you are doing that gives rise to the question.

I just wanted to make sure I understood that portion of the section.