For the June 6 New Mexico primary elections, SFR called up candidates in the CONTESTED races to test their knowledge. The rules for Pop Quiz are as follows:
No research allowed and if they call back later with the right answer, too bad.
To see who answered correctly (or came closest), check out our answer key below.
Questions:
1. According to state law, how much time must transpire after a person's death before a Probate case can be filed?
2. Which current Probate judge wrote the New Mexico Probate Judge's Training Manual used to train Probate judges statewide and what county does that judge represent?
3. According to state statute, what three categories of people may perform weddings in New Mexico?
4. What is the difference between a "decedent" and a "descendent" in probate cases?
5. If a Probate judge is out of town, incapacitated or otherwise away from the court, who would have jurisdiction to handle Probate cases?
6. John died, leaving an estate worth $400,000 to his two children, Jack and Diane. Jack is deceased but had three children of his own. Diane, who is still alive, has one child. How would the $400,000 estate be distributed according to state per stirpes (or By Representation) requirements?
7. What hip-hop star from Detroit-who also starred in the movie
8 Mile
-raps, "The only thing I wait for is the day that I don't gotta report to probate court" on the song "Monkey See, Monkey Do?"
Answers:
***image1***
Mark Basham, 46, is a lawyer.
1. I believe it's 120 hours.
2. Uh, that judge is in Bernalillo County and I believe her name is Meredith Rudd.
3. A judge, a minister and…I would have to guess the captain of a ship.
4. A decedent is the individual that died and a descendent would possibly be an heir.
5. Either a Probate judge pro-tem or a District Court judge.
6. Okay. So, Jack's heirs-his children-would split equally $200,000 and Diane would get the other $200,000.
7. My guess would be Eminem.
***image2***
Jacob Block, 56, is retired.
1. Lemme see, I think it's about 30 days.
2. That's Merri Rudd out of Bernalillo.
3. Judges, ministers and…hmmmm…judges and ministers.
4. A decedent is the person who has died and the descendent is the heir.
5. District judges.
6. The $400,000 would be split in two between the two heirs and the half where the heir is dead would be divided among their three children.
7. The only one I can think of is Eminem.
***image3***
Lily Gonzales, 70, is retired.
1. 120 hours.
2. Well, you know it's been a long time since I was in the Probate Court so I'm not sure. But I think that [Former Santa Fe County Probate judge] Ann Yalman did a wonderful job when she was in office so I think that it might have been her.
3. Let's see. Judges…ministers…captains of a ship and that's all I can think of right now.
4. A decedent is the person who has passed away and the descendent is the survivor, like a spouse.
5. I think the county clerk could handle that.
6. I'm going to say that the $400,000 would be divided up among the four children. That's how I'm looking at it right now but, again, I've been away from the court for some time so I'd really need to look that up.
7. Oh, geez. I don't know.
Ed Note:
A fourth Probate judge candidate, Joe "Lightning" Montoya, did not respond to multiple SFR requests to be involved in the Pop Quiz.
Answer Key:
1. According to New Mexico law, a Probate case cannot be filed until after the first 120 hours (or five days) following when the deceased passed away.
2. Bernalillo County Probate Judge Merri Rudd wrote the New Mexico Probate Judge's Training Manual (with help from her Court Administrator Lori Frank and with input from Probate judges statewide).
3. According to state law, ordained clergy, authorized representatives of federally recognized Native American tribes and any New Mexico judge, justice or magistrate is able to perform weddings. State statute does not allow for ship captains to perform weddings in New Mexico, but the state does recognize valid weddings from other states and countries.
4. A decedent is the person who has died and whose will is being probated or whose estate is being administered. A descendant is the child, grandchild, great-grandchild, etc. of the decedent.
5. Any District Court judge within the same county is authorized to handle cases in the absence of the Probate judge. Otherwise, the District Court must issue a written order to appoint a replacement.
6. Per stirpes stipulates how assets are allocated. Jack's share of the estate ($200,000) would be distributed evenly among his three children (or about $66,666.66 apiece). Diane would receive all $200,000 because she's still alive.
7. Detroit rapper (and actor) Eminem raps the "probate court" line from "Monkey See, Monkey Do," a song off his 2003 EP
Straight From the Lab
.
