reglab/housing_qa huggingface dataset:
NM Stat § 40-11A-637 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-637 - Binding effect of determination of parentage.

A. Except as otherwise provided in Subsection B of this section, a determination of parentage is binding on: (1) all signatories to an acknowledgment or denial of paternity as provided in Article 3 of the New Mexico Uniform Parentage Act; and (2) all parties to an adjudication by a district court acting under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978. B. A child is not bound by a determination of parentage pursuant to the New Mexico Uniform Parentage Act unless: (1) the determination was based on an unrescinded acknowledgment of paternity and the acknowledgment is consistent with the results of genetic testing; (2) the adjudication of parentage was based on a finding consistent with the results of genetic testing and the consistency is declared in the determination or is otherwise shown; (3) the child was a party or was represented in the proceeding determining parentage by a guardian ad litem; or (4) there was a final order in the proceeding that satisfies the requirements of Paragraph (1), (2) or (3) of Subsection C of this section. C. In a proceeding to dissolve a marriage, the district court is deemed to have made an adjudication of the parentage of a child if the district court acts under circumstances that satisfy the jurisdictional requirements of Section 40-6A-201 NMSA 1978, and the final order: (1) expressly identifies a child as a "child of the marriage", "issue of the marriage", "child of the parties" or similar words indicating that the husband is the father of the child; (2) provides for support of the child by the husband unless paternity is specifically disclaimed in the order; or (3) contains a stipulation or admission that the parties are the parents of the child. D. Except as otherwise provided in Subsection B of this section, a determination of parentage may be a defense in a subsequent proceeding seeking to adjudicate parentage by a person who was not a party to the earlier proceeding. E. A party to an adjudication of paternity may challenge the adjudication only pursuant to the laws of New Mexico relating to appeal, vacation of judgments or other judicial review. History: Laws 2009, ch. 215, § 6-637. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-638 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-638 - Full faith and credit; determination of parentage.

A court of this state shall give full faith and credit to a determination of parentage made by a court of another state. History: Laws 2009, ch. 215, § 6-638 ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-639 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-639 - Enforcement of judgment or order.

A. If existence of the parental relationship is declared, or paternity or a duty of support has been acknowledged or adjudicated under the New Mexico Uniform Parentage Act or under prior law, the obligation of the noncustodial parent may be enforced in the same or other proceedings by any interested party. B. The court shall order child support payments to be made in accordance with Section 40-4A-4.1 NMSA 1978. C. Willful failure to obey the judgment or order of the court is a civil contempt of the court. All remedies for the enforcement of judgments apply. History: Laws 2009, ch. 215, § 6-639. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-640 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-640 - Modification of judgment or order.

The court has continuing jurisdiction to modify or revoke a judgment or order for future support, except as otherwise specifically provided by the Uniform Interstate Family Support Act [Chapter 40, Article 6A NMSA 1978]. History: Laws 2009, ch. 215, § 6-640. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-641 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-641 - Right to counsel; free transcript on appeal.

A. At the pretrial hearing and in further proceedings, any party may be represented by counsel. The court shall appoint counsel for any party who is unable to obtain counsel for financial reasons if, in the court's discretion, appointment of counsel is required in the interest of justice. B. If a party is financially unable to pay the cost of a transcript, the court shall furnish on request a transcript for purposes of appeal. History: Laws 2009, ch. 215, § 6-641. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-642 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-642 - Hearings and records; confidentiality.

Notwithstanding any other laws concerning public hearings and records, any hearing or trial held under the provisions of the New Mexico Uniform Parentage Act may be held in closed court without admittance of any person other than those necessary to the action or proceeding. The court may order that certain papers and records pertaining to the action or proceeding, whether part of the permanent record of the court or any other file maintained by the state or elsewhere, are subject to inspection only upon consent of the court; provided, however, that nothing in this section shall infringe upon the right of the parties to an action or proceeding to inspect the court record. The provisions of this section are subject to any rules established by the New Mexico supreme court. History: Laws 2009, ch. 215, § 6-642. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 40-11A-643 (2021)
2021 New Mexico Statutes|Chapter 40 - Domestic Affairs|Article 11A - New Mexico Uniform Parentage Act|Article 6 - PROCEEDING TO ADJUDICATE PARENTAGE|Part 3 - Hearings and Adjudication|Section 40-11A-643 - Birth records.

A. Upon order of a court of this state or upon request of a court of another state, the bureau shall prepare a certificate of birth consistent with the findings of the court and shall substitute the certificate for the original certificate of birth. B. The fact that the father-child relationship was declared after the child's birth shall not be ascertainable from the certificate prepared pursuant to Subsection A of this section, but the actual place and date of birth shall be shown. C. The evidence upon which the certificate prepared pursuant to Subsection A of this section was made and the original birth certificate shall be kept in a sealed and confidential file and be subject to inspection only upon order of the court and consent of all interested parties, or in exceptional cases only upon an order of the court for good cause shown. History: Laws 2009, ch. 215, § 6-643. ANNOTATIONSEffective dates. — Laws 2009, ch. 215, § 20 made the New Mexico Uniform Parentage Act effective January 1, 2010.
NM Stat § 45-2-101 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-101 - Intestate estate.

A. Any part of a decedent's estate not effectively disposed of by will passes by intestate succession to the decedent's heirs as prescribed in the Uniform Probate Code, except as modified by the decedent's will. B. A decedent by will may expressly exclude or limit the right of an individual or class to succeed to property of the decedent passing by intestate succession. If that individual or a member of that class survives the decedent, the share of the decedent's intestate estate to which that individual or class would have succeeded passes as if that individual or each member of that class had disclaimed his intestate share. History: 1953 Comp., § 32A-2-101, enacted by Laws 1975, ch. 257, § 2-101; repealed and reenacted by Laws 1993, ch. 174, § 5. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-101 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 5 repealed former 45-2-101 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-101, and enacted a new section, effective July 1, 1993. Cross references. — For unavailable wills, see 45-3-402B NMSA 1978. For late offered will, see 45-3-410, 45-3-412A NMSA 1978. For final orders conclusive in formal testacy proceedings, see 45-3-410, 45-3-412 NMSA 1978. For partial intestacy, see 45-3-411 NMSA 1978. Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution §§ 1, 59; 79 Am. Jur. 2d Wills § 2. Eligibility of illegitimate child for survivor's benefits under Social Security Act, pursuant to § 216(h)(2)(A) of act (42 USCS § 416(h)(2)(A)), where state intestacy law denying inheritance right, or application of that state law to § 216(h)(2)(A), may violate child's right to equal protection of laws, 116 A.L.R. Fed. 121. Constitutionality of statute repealing, modifying or changing course of descent and distribution of property, 103 A.L.R. 223. Family settlement of intestate estate, 29 A.L.R.3d 174. Right to probate subsequently discovered will as affected by completed prior proceedings in intestate administration, 2 A.L.R.4th 1315. 95 C.J.S. Wills § 615.
NM Stat § 45-2-104 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-104 - Requirement of survival by one hundred twenty hours; individual in gestation.

A. For purposes of intestate succession and allowances, and except as otherwise provided in Subsection B of this section, the following rules apply: (1) an individual born before a decedent's death who fails to survive the decedent by one hundred twenty hours is deemed to have predeceased the decedent. If it is not established by clear and convincing evidence that an individual born before the decedent's death survived the decedent by one hundred twenty hours, it is deemed that the individual failed to survive for the required period; and (2) an individual in gestation at a decedent's death is deemed to be living at the decedent's death if the individual lives one hundred twenty hours after birth. If it is not established by clear and convincing evidence that an individual in gestation at the decedent's death lived one hundred twenty hours after birth, it is deemed that the individual failed to survive for the required period. B. This section does not apply if its application would cause the estate to pass to the state under Section 45-2-105 NMSA 1978. History: 1953 Comp., § 32A-2-104, enacted by Laws 1975, ch. 257, § 2-104; 1976 (S.S.), ch. 37, § 1; repealed and reenacted by Laws 1993, ch. 174, § 7; 2011, ch. 124, § 11. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-104 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 7 repealed former 45-2-104 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-104, and enacted a new section, effective July 1, 1993. Cross references. — For definition of "survive", see 45-1-201 NMSA 1978. For evidence standard, see 45-2-702 NMSA 1978. The 2011 amendment, effective January 1, 2012, provided that an individual in gestation at decedent's death is deemed to be living at decedent's death if the individual lives one hundred twenty hours after birth. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution § 110. Decree directing distribution of estate to person who is dead, 25 A.L.R. 1563. Time interval contemplated by provision of will or of statute of descent and distribution with reference to death of two persons simultaneously or approximately at same time, 173 A.L.R. 1254.
NM Stat § 45-2-105 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-105 - No taker.

If there is no taker under the provisions of Chapter 45, Article 2 NMSA 1978, the intestate estate passes to the state. History: 1953 Comp., § 32A-2-105, enacted by Laws 1975, ch. 257, § 2-105; 1993, ch. 174, § 8. ANNOTATIONSCompiler's notes. — This section is similar to former 29-1-21, 1953 Comp. Cross references. — For escheat proceeds as constituting part of school fund, see N.M. Const., art. XII, § 4. The 1993 amendment, effective July 1, 1993, substituted "Chapter 45, Article 2 NMSA 1978" for "Sections 2-101 through 2-902 of the Uniform Probate Code". Title passes automatically to state where escheat proceedings not required. — In absence of statutes requiring escheat proceedings, judicial or otherwise, passage of title by escheat to the state does not depend upon any affirmative action by the state, and passes automatically and immediately to the state upon the death of the person without heirs. Schmitz v. State Tax Comm'n, 1951-NMSC-048, 55 N.M. 320, 232 P.2d 986. Due or delinquent taxes extinguished when title passed by escheat. — At the instant title passes by escheat to the state, any taxes then due or delinquent are abated and extinguished. Schmitz v. State Tax Comm'n, 1951-NMSC-048, 55 N.M. 320, 232 P.2d 986. Proceeds from escheat to go to school fund. — The net proceeds of property that come to the state by escheat go into the current school fund. 1937 Op. Att'y Gen. No. 37-1795. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 27A Am. Jur. 2d Escheat §§ 1 et seq., 18, 24, 27. Necessity of judicial proceeding to vest title to real property in state by escheat, 23 A.L.R. 1237, 79 A.L.R. 1364. Necessity and sufficiency of notice to support title by escheat to decedent's estate, 48 A.L.R. 1342. Constitutionality, construction and application of statutes relating to disposition of old bank deposits, 151 A.L.R. 836. Inheritance from illegitimate, 48 A.L.R.2d 759. Escheat of personal property of intestate domiciled or resident in another state, 50 A.L.R.2d 1375. Uniform Disposition of Unclaimed Property Act, 98 A.L.R.2d 304. 30A C.J.S. Escheat §§ 3 to 7.
NM Stat § 45-2-106 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-106 - Representation.

A. As used in this section: (1) "deceased descendant", "deceased parent" or "deceased grandparent" means a descendant, parent or grandparent who either predeceased the decedent or is deemed to have predeceased the decedent pursuant to Section 45-2-104 NMSA 1978; and (2) "surviving descendant" means a descendant who neither predeceased the decedent nor is deemed to have predeceased the decedent pursuant to Section 45-2-104 NMSA 1978. B. If, pursuant to Section 45-2-103 NMSA 1978, a decedent's intestate estate or a part thereof passes "by representation" to the decedent's descendants, the estate or part thereof is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest to the decedent that contains one or more surviving descendants; and (2) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. C. If, pursuant to Section 45-2-103 NMSA 1978, a decedent's intestate estate or a part thereof passes "by representation" to the descendants of the decedent's deceased parents or either of them or to the descendants of the decedent's deceased paternal or maternal grandparents or either of them, the estate or part thereof is divided into as many equal shares as there are: (1) surviving descendants in the generation nearest the deceased parents or either of them or the deceased grandparents or either of them that contains one or more surviving descendants; and (2) deceased descendants in the same generation who left surviving descendants, if any. Each surviving descendant in the nearest generation is allocated one share. The remaining shares, if any, are combined and then divided in the same manner among the surviving descendants of the deceased descendants as if the surviving descendants who were allocated a share and their surviving descendants had predeceased the decedent. History: 1953 Comp., § 32A-2-106, enacted by Laws 1975, ch. 257, § 2-106; repealed and reenacted by Laws 1993, ch. 174, § 9. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-106 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 9 repealed former 45-2-106 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-106, and enacted a new section, effective July 1, 1993. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution §§ 55, 62, 67, 72 to 77. 26A C.J.S. Descent and Distribution §§ 18, 23, 40, 42.
NM Stat § 45-2-107 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-107 - Kindred of half blood.

Relatives of the half blood inherit the same share they would inherit if they were of the whole blood. History: 1953 Comp., § 32A-2-107, enacted by Laws 1975, ch. 257, § 2-107. ANNOTATIONSLaw reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). Am. Jur. 2d, A.L.R. and C.J.S. references. — 23 Am. Jur. 2d Descent and Distribution § 54. Deceased spouse as ancestor of surviving spouse within statute providing that kindred of the half blood inherit equally with those of the whole blood, unless the inheritance comes to the intestate by descent, devise or gift of some one of his ancestors, 110 A.L.R. 1014. Descent and distribution: rights of inheritance as between kindred of whole and half blood, 47 A.L.R.4th 561. 26A C.J.S. Descent and Distribution §§ 21, 25, 36, 41.
NM Stat § 45-2-108 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-108 - Repealed.

History: 1953 Comp., § 32A-2-108, enacted by Laws 1975, ch. 257, § 2-108; repealed and reenacted by Laws 1993, ch. 174, § 10; repealed by Laws 2011, ch. 124, § 97.ANNOTATIONSRepeals. — Laws 2011, ch. 124, § 97 repealed 45-2-108 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-108, relating to after-born heirs, effective January 1, 2012. For provisions of former section, see the 2010 NMSA 1978 on NMOneSource.com.
NM Stat § 45-2-109 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-109 - Advancements.

A. If an individual dies intestate as to all or a portion of his estate, property the decedent gave during the decedent's lifetime to an individual who, at the decedent's death, is an heir is treated as an advancement against the heir's intestate share only if: (1) the decedent declared in a contemporaneous writing or the heir acknowledged in writing that the gift is an advancement; or (2) the decedent's contemporaneous writing or the heir's written acknowledgment otherwise indicates that the gift is to be taken into account in computing the division and distribution of the decedent's intestate estate. B. For purpose of Subsection A of this section, property advanced is valued as of the time the heir came into possession or enjoyment of the property or as of the time of the decedent's death, whichever first occurs. C. If the recipient of the property fails to survive the decedent, the property is not taken into account in computing the division and distribution of the decedent's intestate estate, unless the decedent's contemporaneous writing provides otherwise. History: 1953 Comp., § 32A-2-109, enacted by Laws 1975, ch. 257, § 2-109; 1976 (S.S.), ch. 37, § 2; repealed and reenacted by Laws 1993, ch. 174, § 11. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-109 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 11 repealed former 45-2-109 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-109, relating to the meaning of child and related terms, and enacted a new section, effective July 1, 1993. Cross references. — For definition of "heirs", see 45-1-201A NMSA 1978. For judicial determination, see 45-3-409 to 45-3-412 NMSA 1978. "Advancement" construed. — An advancement is a perfect and irrevocable gift, not required by law, made by a parent during his lifetime to his child, with the intention on the part of the donor that such gift shall represent a part or the whole of the donor's estate that the donee would be entitled to on the death of the donor intestate. In re Estate of Martinez, 1981-NMCA-081, 96 N.M. 619, 633 P.2d 727. Gift to children presumed advancement. — There is a presumption that a parent's substantial gift to one of his children is intended as an advancement. In re Estate of Martinez, 1981-NMCA-081, 96 N.M. 619, 633 P.2d 727. Law reviews. — For article, "Intestate Succession and Wills Law: The New Probate Code," see 6 N.M.L. Rev. 25 (1975). For annual survey of New Mexico law relating to estates and trusts, see 13 N.M.L. Rev. 395 (1983). Am. Jur. 2d, A.L.R. and C.J.S. references. — 3 Am. Jur. 2d Advancements §§ 11 to 15. Widow's statutory distributive share as affected by advancements to others, or by provisions of will that legatees shall take certain indebtedness owing to testator as part of their share, 76 A.L.R. 1420. Check as evidencing advancement, 74 A.L.R.5th 491. 26A C.J.S. Descent and Distribution §§ 91 to 115.
NM Stat § 45-2-110 (2021)
2021 New Mexico Statutes|Chapter 45 - Uniform Probate Code|Article 2 - Intestate Succession and Wills|Part 1 - INTESTATE SUCCESSION|Subpart 1 - General Provisions|Section 45-2-110 - Debts to decedent.

A debt owed to a decedent is not charged against the intestate share of any individual except the debtor. If the debtor fails to survive the decedent, the debt is not taken into account in computing the intestate share of the debtor's descendants. History: 1953 Comp., § 32A-2-110, enacted by Laws 1975, ch. 257, § 2-110; repealed and reenacted by Laws 1993, ch. 174, § 12. ANNOTATIONSOfficial comments. — See Commissioners on Uniform State Laws official comment to 2-110 UPC. Repeals and reenactments. — Laws 1993, ch. 174, § 12 repealed former 45-2-110 NMSA 1978, as enacted by Laws 1975, ch. 257, § 2-110, relating to advancements, and enacted a new section, effective July 1, 1993.