New Mexico Trust and Probate Litigation
The loss of a loved one is never easy. And the pain of that loss is only exacerbated by poor estate planning, unethical executors, untrustworthy trustees, and familial disagreements over a loved one’s estate. While probate is the legal process of closing a decedent’s financial affairs and making sure that his or her estate is distributed to beneficiaries in accordance with his or her final wishes, sometimes the process is not so cut-and-dry and litigation becomes necessary.
An executor is responsible for taking a decedent’s estate through probate. When disputes arise in probate, it is sometimes necessary to take further legal action to make sure a decedent’s estate is distributed as he or she intended. Disputes may arise for several reasons, including, but not limited to:
- A contest of the will
- Executor misconduct
- Questioning of the decedent’s capacity to write a will
A trustee is responsible for managing and distributing the funds of a trust for a trust’s beneficiaries; they must act with the best interests of the beneficiaries in mind insofar as it is lawful and in accordance with the provisions of the trust. When a trustee fails in his or her fiduciary responsibility, beneficiaries may take legal action against the trustee. Common ways that trustees abuse their power include:
- Inadequate distribution of funds
- Mismanagement of trust assets
- Diversion of assets to the trustee
- Conflicts of interest in management of the trust
- Disposal of trust assets
Our New Mexico estate planning lawyers are effective litigators who can make sure that the final wishes of your loved one are properly carried out. We can not only help you contest the validity of a will in probate court, but help you hold a trustee accountable for the way that they manage your loved one’s trust.
Contact one of our New Mexico estate planning lawyers in Albuquerque, Farmington, Las Cruces, Roswell or Santa Fe for advice on probate and trust litigation.