New Mexico

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Under New Mexico law, there is no right to an “elective share.” A surviving spouse who was not provided for in the will, however, may a share equal to what he or she would have received had decedent died intestate, unless the omission of the surviving spouse in the will was intentional.  See N.M. Stat. Ann. § 45-2-301(A).

New Mexico is a community property state. As a community property state, the surviving spouse is entitled to half of the community property.  Community property is property acquired while the surviving spouse and decedent were married.

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