New Mexico Estate and Trust Dispute Lawyer

Quick Summary: New Mexico Estate and Trust Dispute Lawyer

• Interested parties can challenge the actions of a fiduciary in relation to estate and trust administration.
• A challenge can be filed against a personal representative (PR) during probate or against a trustee at any time.
• Common reasons for a challenge include undue influence claims, breach of fiduciary duty, trustee misconduct, asset misappropriation, and PR removal.
• A successful petition can result in a court order for relief, which can include setting aside an invalid will, reversing self-dealing transactions, forcing a distribution, and ordering the offending party to repay damages.

Need immediate help? Contact New Mexico Financial & Estate Planning Attorneys.

Estate and trust-related disputes can have major effects on personal finances, family relationships, and the future of everyone involved. Trusts, wills, and other estate plans are created with a legacy in mind: something to provide for loved ones and secure their comfort for decades to come. When there are issues with these legal arrangements, that future and that legacy hang in the balance.

Anyone who is concerned about the administration, execution, or proper implementation of a will, trust, or other estate plans may have legal grounds to demand answers from responsible parties. Those with an interest in the estate or trust can also petition a court for an order that helps them accomplish their goals, bringing them closer to the future their deceased loved one originally had in mind.

New Mexico Financial & Estate Planning Attorneys can assist you with cases involving trustee misconduct, a breach of fiduciary duty, a suspicious will, questionable trust activities, or other issues pertaining to an estate plan. Reach an experienced attorney and schedule a confidential consultation with no obligation when you call our firm at (505) 503-1637 or contact us online.

What Types of Cases Can a New Mexico Estate and Trust Dispute Attorney Handle?

Our firm can handle all matters relating to trust and estate litigation in New Mexico. The experienced attorneys on our team have served defendant fiduciaries (e.g., trustees and personal representatives) as well as concerned litigants.

Some of the common scenarios we encounter include:

• Will contests
• Trustee and/or personal representative (AKA executor) defense
• Breach of fiduciary duty claims in New Mexico
• Breach of trust claims
• Estate claims disputes and settlement
• Property title disputes and transfers
• Trust and estate law consultations
• Will analysis
• Asset misappropriation claims

In addition, if you have any questions about how the law would apply to a provision of a will, an intestate property transfer, a “cloudy” or encumbered title, or any other estate-related matters, we can provide you with an experienced probate, estate, and trust litigation attorney in New Mexico to consult with you.

Our number one goal is to help parties resolve legal matters efficiently and in the best interests of everyone involved. That includes the interests of a decedent who wanted to leave a positive legacy behind. We can explore options to shorten the resolution timeline, such as by pursuing mediation, settlement discussions, and other forms of alternative dispute resolution (ADR).

Reach out to New Mexico Financial & Estate Planning Attorneys, including Senior Attorney Don Harris, for seasoned guidance and deep legal knowledge. Our familiarity with estate and trust law, including Don Harris’ certification in creditors’ rights by the American Board of Certification, can help you when seeking to resolve matters fairly and quickly.

Will Contests

Will contests are one of the most common types of probate disputes. They arise when someone accuses a will of being invalid, in part or in full. If successful, the invalid provisions of the will are set aside. In most cases, this means the estate is intestate. But a successful petitioner may also get a court to order the use of a separate, valid, and unrevoked version of a will.

A will contest can be lodged by any “interested person,” which can include the decedent’s relatives, heirs, creditors, and those who have standing to inherit under intestate succession laws. 

Grounds for contesting a will include:

• Improper execution: The testator (i.e., the person who created their will) failed to properly sign their will and have it witnessed, according to New Mexico law (NM Stat § 45-2-502).

• Revoked will: The will was revoked in another document (including a more recent will draft) or through another revocatory act.

• Errors and unenforceable provisions: The will contains errors, such as listing the wrong person as an heir, or it contains provisions that cannot legally be carried out.

• Undue influence: The will was created as a result of someone’s improper relationship with and control over the testator, leading the testator to make arrangements they wouldn’t have otherwise made.

• Fraud, duress, coercion, misrepresentation: The will was created and executed only because the testator was forced to do so under threat of harm, because someone defrauded them, or because someone misled them about the contents of the will or their estate.

• Forgery: The will is not signed by the actual testator, or the testator’s signature is applied to a different document than the one they originally signed.

• Lack of capacity: The testator lacked the mental ability to understand that they were executing a will or what the contents of the will entailed.
• Other defects: The will contains defects that legally require a court to set it aside, in part or in full.

Once a will contest is filed, the case proceeds to a district court for formal probate. Parties involved can consult with a New Mexico formal probate lawyer for guidance with building a legal strategy and help interpreting statutes to understand how state laws apply to their situation.

A personal representative can defend against will contests to ensure that the estate is settled using the correct will, the document they believe is valid and the one the testator intended to be used. To defend the estate in these situations, PRs can seek representation from a will contest lawyer in New Mexico. The costs of this representation can be paid for from the contents of the estate.

Breach of Fiduciary Duty

Personal representatives, trustees, and certain other parties tasked with handling estate-related matters are known as “fiduciaries.” This special title means that they are obligated to act prudently for the sake of beneficiaries and others they serve.

The personal representative of an estate, for example, is a fiduciary who is responsible for:

• Filing probate paperwork 
• Complying with procedural deadlines
• Deciding whether to notify estate creditors
• Identifying all known estate property and debts
• Ensuring possession and proper care for estate assets
• Transferring titled property to the appropriate party
• Selling estate assets, if they decide that is the best course for the estate
• Avoiding conflicts of interest and self-dealing
• Hiring competent and qualified professionals as needed
• Obeying the provisions of the will, as intended by the testator
• Tracking expenses and assets using detailed accounting
• Providing timely communications and updates to interested parties

Failing to uphold these duties in a way that causes harm to beneficiaries or the estate itself can qualify as a breach of fiduciary duty in New Mexico. 

Parties who are (or will be) harmed by misconduct have grounds to file a complaint against the personal representative. They can petition the court for relief. This relief can take the form of reversing a transaction, ordering a personal representative to do something, or even removing the personal representative and replacing them with another, more qualified party.

When a fiduciary is acting improperly, concerned parties will want to act quickly to mitigate the amount of harm inflicted upon the estate. They can reach out to an inheritance dispute lawyer in New Mexico to fight for the right course of action to be followed, honoring the memory and the careful planning of the person who has passed.

Trust Administration Disputes in New Mexico

Trusts are another area of estate law that results in major, long-term consequences for family members and other beneficiaries. The proper administration of the trust is essential to realize the benefits the creator (known as the grantor) intended when they engaged in trust planning in New Mexico in the first place.

Common scenarios that lead to trust administration disputes in New Mexico include:

• Asset misappropriation, including the mixing of trust and personal assets by the trustee
• Mismanagement of investments and other trust assets
• Failure to make required beneficiary distributions
• Administration of the trust was delegated by the trustee to an unapproved and/or unqualified party
• Invalid trust formation, including improper execution, property transfers, lack of capacity, undue influence, fraud, duress, or misrepresentation

In severe cases, a trustee can be removed and held liable for the damages caused by their breach of trust. Harmful and illegitimate transactions may be reversed. The court may also order another party to step in, assume control, and comply with the terms of the trust, as written and intended by the grantor. In extreme cases, a trust may be dissolved, especially when it was invalidly formed, improperly funded, or administered with the intent to avoid complying with the law.

For assistance with contesting a trust in New Mexico, refer to an experienced trustee removal attorney. They can help you understand trust law, the legal options available to pursue (or defend against) trust litigation, and what strategies might be best for your unique situation.

Get Help From an Experienced New Mexico Estate and Trust Dispute Law Firm

New Mexico Financial & Estate Planning Attorneys is available to assist you when it comes to trust, probate, and estate law. We can help you seek to preserve the legacy of your loved one while keeping their estate plan intact.

For assistance with estate litigation in New Mexico, call (505) 503-1637 or contact us online. We’ll schedule a confidential, no-obligation case review and discussion with an experienced attorney near you.