-- Beth Padilla, Esq.

Researchers from the University of Harvard School of Education and the University of Southern California have published the results of study examining the impact of President Barack Obama’s immigration program for young people entitled Deferred Action for Childhood Arrivals (DACA). DACA was implemented one year ago today, on August 15, 2012. Through DACA, young people that arrived in the United States before they turned sixteen years old, attended high school or obtained a GED, have been continuously present since June 15, 2007, are between the ages of fifteen and thirty one, and have not been convicted of serious crimes may apply for DACA. DACA requires the young person to turn himself into the Department of Homeland Security (DHS) and DHS will in turn defer action on the person’s case for two years. Through the program, young people may obtain work authorization, a social security card, and perhaps a driver’s license. DACA is not a pathway to citizenship, does not allow young people to have a green card, and does not permit young people to apply for immigration status for their family members.

The recent research demonstrates that DACA has had a positive impact on the young immigrant community in the United States. For example, sixty-one percent of DACA recipients obtained a new job after they were granted DACA status. Fifty-four percent of DACA recipients interviewed opened their first bank account, while sixty-one percent obtained their driver’s license. There are many benefits to the young immigrants that have obtained DACA status as well as to the American public. When more young people are able to obtain jobs, they are less likely to support themselves and their families through illegal means. In addition, if young people are able to obtain a driver’s license, they are more likely to obtain car insurance as well. Overall, while DACA is not the DREAM Act, it is a step in the right direction and the benefits apply to many sectors of the public.

For more information regarding the recent study, visit http://www.immigrationpolicy.org/just-facts/how-daca-impacting-lives-those-who-are-now-dacamented.

-- Paul E. Padilla

Recently, several people have come into my office with questions about property rights and what to do after someone has passed away. Unfortunately, many of these people waited too long to do anything, and there was very little I could do for them.

However, this situation is very understandable. The process of losing a loved one and dealing with the property was stressful, and they thought their family would agree on how to handle everything. But, after a couple of years of family conflict, they found out that they had waited too long, and now they have limited options.

When someone passes away, the legal process of handling their affairs and distributing their property is called probate. If there is a Will, it is filed with the court and a person is appointed to make sure the terms of the Will are followed. If there is not a Will, then the person’s property is distributed based on default statutory laws, called intestacy. 

In both Colorado and New Mexico, the general rule is that this process has to start within three years of the person’s death. If you wait too long, then a court will not accept a Will, and its terms will not be enforced. This means that some people may not get the property that was intentionally left to them in the Will.

Obviously, any time lawyers and courts are involved, the process can be expensive and even more stressful. But, surprisingly, in some cases this process can be relatively easy.

When a person dies and does not have a lot of property, their assets can be dealt with without having to go to court.  In Colorado, if a person died in 2013, did not have any real estate, and the total value of their personal property is less than $63,000, the property can be dealt with by using a process called Collection of Personal Property by Affidavit.  In New Mexico, the requirements are similar, but the asset limit is $50,000.

This process allows a person to sign an affidavit and collect all of the deceased person’s assets in order to distribute them according to a Will, or distribute them to the deceased person’s family. To execute the affidavit, all you need is a notary public, and nothing needs to be filed with the court. So, this can save a lot of time and money.

As I said above, the deceased person cannot have any real estate after their death.  But there are several situations that this can occur, even if the person lives in and owns a home at the time of their death. If the property is held in joint tenancy with right of survivorship, or if there is a beneficiary deed or life estate, the property transfers to someone else the moment the person dies.

Therefore, depending on how much other personal property the person had, it may be possible to use the Collection of Personal Property by Affidavit process, and avoid going to court.