About the Firm
Dedicated New Mexico Probate and Trust Litigation Attorneys Fight to Protect Your Interests
Experienced Albuquerque probate and trust litigators fight for your rights
Probate and trust litigation is often highly complicated and requires deep-rooted knowledge in this area of law. NM Trust and Probate Law Firm, LLC in Albuquerque represents executors, spouses, family members and beneficiaries throughout the state in disputes over estates. We have extensive knowledge and familiarity with the Uniform Probate Code and Uniform Trust Code, which we draw on when representing your position in probate or trust litigation. Whether you are fighting against the terms of a trust or will or defending yourself from malicious or grieving family members, we will tenaciously protect your legal rights while offering the compassionate counsel you deserve.
Experienced courtroom litigators tackle probate and trust matters
This firm represents clients involved in a range of probate and trust disputes, including:
- Breach of fiduciary duty claims — In New Mexico, executors under a will, trustees who administer trusts, and agents under a power of attorney owe the principal a fiduciary duty to act in his or her best interest. We can represent beneficiaries and family members if the trust or estate has not been properly managed.
- Lack of capacity claims — If your loved one did not understand the nature of the document he or she was signing, such as a will, trust or power of attorney, we can fight to get the document invalidated. We will press to honor your rights pursuant to a previous document that was executed in a lawful manner.
- Undue influence claims — Aging can often be a difficult and emotional process. Sometimes, scammers or others will ingratiate themselves into the life of an elderly person to try to gain advantage. In other situations, a person close to your loved one might have threatened to withhold care or love if a change to an estate plan was not made. Claims of undue influence arise when a departed person is influenced by another person to change or alter his or her estate unnaturally. Usually the departed person is in a vulnerable and/or weakened state when this happens and the influencer is in a position of confidence and authority over the departed person. Claims arise when that influence is used to change the departed person’s testamentary wishes in a way that benefits the influencer. NM Trust and Probate Law Firm, LLC is here to help you defend or bring claims of undue influence in court.
- General probate administration advisement — The probate process can be long, time-consuming and complex. It can also be emotionally wrenching if you were especially close to the decedent, which is often the case. We can provide you with seasoned advice and careful guidance during this process so that you can avoid potential liability issues and carry out your duties as an executor.
Whatever your probate or trust matter, we are compassionate toward your situation and will work diligently to protect your legal interests during this difficult time.
Contact an accomplished New Mexico probate and trust litigator for a free consultation
If you are accused of the improper handling of an estate, you believe that your loved one was coerced into signing an estate planning document, or you need advice on how to properly administer probate or a trust, we can provide you with the competent legal services you need. NM Trust and Probate Law Firm, LLC is ready to assist you in any way possible. Please call 505-585-3239 or contact us online
to schedule a free consultation at the Albuquerque office.
Areas of Practice
Effective Probate and Trust litigation lawyers provide quality legal representation with compassion and dedication to your cause.
Clients throughout the state of New Mexico use our services in the following areas:
- Probate and trust litigation — If you believe that your loved one was unduly influenced, their assets taken before their death or that his or her will or trust was not administered properly, we can represent your interests in probate and trust litigation. We can also defend you against such accusations that arise in probate disputes.
- Probate and Trust administration — We can walk executors and trustees through the complex probate and estate administration process, so that a trust agreement or will’s terms are effectively followed.
- Fiduciary Advisement- Fiduciaries take on many roles. If you are acting as a power of attorney, trustee, personal representative or agent for a person or trust you are acting as a fiduciary. Acting as a fiduciary comes with many duties and tasks for which you are responsible. At times, you can be personally liable for acts or omissions as a fiduciary. The best way to protect yourself as a fiduciary is to be advised of the laws governing your position. We offer comprehensive fiduciary advisement for every action you take as a fiduciary. This helps minimize exposure and risk of personal liability.
- Guardianships and conservatorships — Guardianships and Conservatorships for adults. We handle non-contested and contested matters, such as petitioning for guardianship or conservatorship.
- Estate planning — The creation of wills, trusts, living wills, advance directives and powers of attorney is a critical part of the estate planning process. We can draft the documents that will identify people you trust with your estate to serve in core roles and include provisions that document your wishes.
Our years of probate and trust experience allows us to quickly determine which legal strategies are best suited to your circumstances in or out of the courtroom. You can rely on our commitment to helping you protect your estate through careful and considerate advisement and litigation.
Contact a considerate New Mexico estate planning lawyer for a free consultation
If you need assistance crafting a customized estate plan or litigating a trust or probate matter, NM Trust and Probate Law Firm, LLC can help. Please call 505-585-3239 or contact me online
to schedule a free consultation at my Albuquerque office.