Blancett v. Blancett
New Mexico Supreme Court
136 N.M. 573, 102 P.3d 640 (2004)
- Written by Sean Carroll, JD
Facts
Richard Blancett (plaintiff) drafted two deeds giving surface and mineral remainder interests in his property to his son, Linn (defendant). In 1993, Richard handed the deeds to Linn’s wife. Richard later told Linn to not record the deeds until he died or did something “crazy” prior to drafting a formal will. Richard testified that he meant the deeds to be a “stopgap” while he prepared more formal estate-planning documents. Subsequently, Richard drafted formal estate-planning documents, including a will. These documents disposed of the property subject to the deeds but left Linn lesser interests than the deeds did. After this, in 2001, Linn recorded the 1993 deeds. Richard brought suit seeking nullification of the 1993 deeds. The trial court nullified the deeds. The court of appeals affirmed. Linn appealed.
Rule of Law
Issue
Holding and Reasoning (Chávez, J.)
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