STATE OF NEW MEXICO
COUNTY OF BERNALILLO
SECOND JUDICIAL DISTRICT COURT
Case No. D-202-PB-2017-00398
IN THE MATTER OF THE
TRANSFER ON DEATH DEED
OF HORST ASHELM, Deceased.
PETITION FOR INSTRUCTIONS
COMES NOW The Nature Conservancy, a nonprofit corporation, by and through its counsel, Pregenzer Baysinger Wideman & Sale, P.C. and, pursuant to Section 44-6-4 NMSA 1978, hereby petitions this Court for instructions as set forth below:
1. The Nature Conservancy is a charitable environmental organization. In March, 2008, it received notice that Horst Ashelm intended to execute a Transfer on Death Deed (“TODD”) providing for the transfer of title to his home on 10109 Toltec Rd. N.E., in Albuquerque, New Mexico, to The Nature Conservancy upon his death. On February 22, 2017, it received the attached TODD, signed and recorded on April 1, 2008. Exhibit A.
2. Horst Ashelm (“Decedent”) died on January 9, 2016.
3. Pursuant to the TODD, title to the home on 10109 Toltec passed to The Nature Conservancy upon the Decedent’s death.
4. A representative of The Nature Conservancy went to the house and learned that the Decedent’s personal possessions and a vehicle are in the house and garage.
5. The TODD entitles The Nature Conservancy to possession and ownership of the house, but it does not convey ownership of any of the Decedent’s personal possessions.
6. It does not appear that a probate proceeding has been initiated for the Decedent’s estate. The Nature Conservancy does not know if the Decedent executed a Will.
7. The Nature Conservancy is not aware of any of the Decedent’s heirs. The lawyer who prepared the TODD, John Lieuwen, is deceased. The Personal Representative of John Lieuwen’s estate has been contacted and he is unaware of any of the Decedent’s heirs.
8. Pursuant to Section 44-6-4 NMSA 1978, The Nature Conservancy petitions this Court to construe its rights under the TODD. Specifically, The Nature Conservancy requests this Court to instruct it as to the disposition of the Decedent’s vehicle and personal possessions in the house.
9. The Nature Conservancy does not want to be appointed personal representative of the Decedent’s estate.
10. In light of the fact that The Nature Conservancy does not know the identity of any of the Decedent’s heirs, it will publish notice of this Petition and any hearing on this Petition in the Health City Sun.
WHEREFORE, The Nature Conservancy respectfully requests that this Court set a hearing on this Petition and instruct it as to the disposition of the Decedent’s personal possessions.
Respectfully submitted,
PREGENZER BAYSINGER WIDEMAN
& SALE, PC
By /s/Marcy Baysinger
Marcy Baysinger
Attorneys for The Nature Conservancy
2424 Louisiana Blvd. NE, Ste. 200
Albuquerque, NM 87110
Telephone No.: (505) 872-0505
Facsimile No.: (505) 872-1009
HCS Pub. September 22, 29, October 6, 2017
