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MATTER OF ESTATE OF McELVENY

No. S-1-SC-35349.

399 P.3d 919 (2017)

2017-NMSC-024

In the MATTER OF the ESTATE OF Edward K. McELVENY, Deceased, Michael Phillips, as Personal Representative of the Estate of Edward K. McElveny, Petitioner-Respondent, v. State of New Mexico, ex rel. Department of Taxation and Revenue, Respondent-Petitioner.

Supreme Court of New Mexico.

Filing Date: June 30, 2017.

Attorney(s) appearing for the Case

Carmela Starace , Albuquerque, NM, Law Office of Cristy J. Carbon-Gual, Cristy J. Carbon-Gual , Albuquerque, NM, for Petitioner.

Hector H. Balderas , Attorney General, Peter Breen , Special Assistant Attorney General, Santa Fe, NM, for Respondent.

OPINION

{1} We hold that the administrative claim filing provisions of the Uniform Unclaimed Property Act (UPA), NMSA 1978, §§ 7-8A-1 to -31 (1997, as amended through 2007), are exclusive and mandatory and that individuals who wish to procure unclaimed property must exhaust the...

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