New Mexico § 45-5-428 - Claims against protected person; enforcement

§ 45-5-428. Claims against protected person; enforcement

A. A conservator must pay from the estate all just claims against the estate and against

the protected person arising before or after the conservatorship upon their presentation

and allowance. A claim may be presented by either of the following methods: (1) the claimant may deliver or mail to the conservator a written statement of the

claim indicating its basis, the name and address of the claimant and the amount claimed;

or (2) the claimant may file a written statement of the claim, in the form prescribed

by rule, with the clerk of the court and deliver or mail a copy of the statement to

the conservator. A claim is deemed presented upon receipt of the written statement of claim by the

conservator, or the filing of the claim with district court, whichever occurs first. A presented claim is allowed, if it is not disallowed by written statement mailed

by the conservator to the claimant within sixty days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim

until thirty days after its disallowance. B. A claimant whose claim has not been paid may petition the court for determination

of his claim at any time before it is barred by the applicable statute of limitation,

and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment

of a conservator or is initiated against the protected person thereafter, the moving

party must give notice of the proceeding to the conservator if the outcome is to constitute

a claim against the estate. C. If it appears that the estate in conservatorship is likely to be exhausted before

all claims and expenses of administration are paid, such claims and expenses shall

be paid in the following order of priority: (1) expenses of administration, including fees for the conservator and his attorney; (2) tax claims with preference under federal law; (3) claims for the support, education or care of the protected person or his dependents,

on a pro rata basis; (4) tax claims with preference under state law; and (5) all other claims on a pro rata basis.