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.

Probate Litigation

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
  • Trust Litigation

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

If you would like to know more about trusts contact us.