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MATTER OF ESTATE OF GUERRA

No. 4908.

633 P.2d 716 (1981)

96 N.M.App. 608

In the Matter of the ESTATE OF Alejandro N. GUERRA, Jr., Deceased, Leo GUERRA, Petitioner-Appellee, v. NEW MEXICO HUMAN SERVICES DEPARTMENT, Respondent-Appellant.

Court of Appeals of New Mexico.

May 21, 1981.

Attorney(s) appearing for the Case

Richard Shapiro, Asst. Atty. Gen., Santa Fe, for respondent-appellant.

William L. Lutz, Martin, Martin, Lutz & Cresswell, P.A., Las Cruces, for petitioner-appellee.

OPINION

WALTERS, Judge.

In 1977, the personal representative in an informal probate action commenced a wrongful death action on behalf of the Estate of Alejandro Guerra, Jr., the father of Leo Guerra. A settlement of the wrongful death action was entered into and subsequently approved by the court. The proceeds, after allowance for costs, were divided into eight equal shares, which shares were to be distributed to Mrs. Guerra and the seven Guerra children...

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