Contested Probate Attorneys Advocate for Your Rights
Experienced New Mexico law firm triumphs in estate planning disputes
No one wants to linger in probate longer than necessary. Unfortunately, disputes among beneficiaries can lead to contested probate. Unlike informal probate, contested probate must be handled in the district court. At New Mexico Financial and Family, we have decades of experience representing clients in and out of court. Whether you need help resolving a will contest issue or creditor claim, we work diligently to find the most favorable way of settling your probate case.
Types of will contests
The power to prevent contested probate often lies in the hands of the testator, or will creator. A poorly organized estate plan invites disaster. A will should be updated frequently to reflect major life events and changes. Additionally, wills should be as clear and comprehensive as possible. An ambiguous will that fails to name a personal representative or explain how real property should be distributed, will almost certainly lead to issues among heirs. Some of the most common will disputes that lead to contested probate include:
- Duress — When a testator is compelled to sign a will because of coercion or threats, the will may be contested on the grounds that the document was created under duress.
- Fraud — Heirs may contest a will if they suspect the testator was the victim of intentional misrepresentation or fraud.
- Lack of capacity — For a will to be valid, the creator must have the mental capacity to create and sign the document.
- Undue influence — Undue influence occurs when a person befriends another with the intention of altering their will or estate plan in their favor.
Depending on the facts, will contest matters can be difficult to prove. When you seek our counsel, we provide you with a candid case assessment and work tirelessly to protect your rights and advance your interests.
Dying without a will in New Mexico
When a person dies without a will in New Mexico, their estate is distributed in accordance with the state’s intestate succession laws. Unfortunately, this can lead to serious conflicts among personal heirs, especially if a surviving spouse and children exist. In some cases, multiple beneficiaries may lay claim to a single piece of property.
Contact a respected probate law firm in New Mexico
Clients throughout Albuquerque and the surrounding areas choose New Mexico Financial and Family when they need reliable legal guidance. If you have recently lost a loved one, we can guide you through the probate process and help you resolve any issues that arise. For more information on our services, call (505) 503-1637 or contact us online.