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Probate and Trust Litigation

Skilled New Mexico Probate and Trust Litigators Zealously Represent 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. 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 probate 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 litigator tackles 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.  In either scenario, we will work to gather evidence to support your claim.
  • Fiduciary advisement and representation- 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.  NM Trust and Probate Law Firm, LLC can represent you as a fiduciary in an contested action or defend you against claims made by heirs or beneficiaries.
  • 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. I 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.
  • Trust litigation claims-  NM Trust and Probate Law Firm, LLC represents both trustees and beneficiaries in trust litigation cases.  We offer reasonable rates and creative solutions to preserve trust corpus.  We advise beneficiaries of their rights under trust instruments and advise trustees of their duties to beneficiaries. We can seek to remove trustees who are mishandling trusts, modify trust agreements as the law provides, seek clarification of trust terms and interpret trust instruments.  NM Trust and Probate Law Firm, LLC is here to help with all your trust litigation needs. 

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 me online to schedule a free consultation at the Albuquerque office.

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Our Office
  • Albuquerque Office
    PO Box 25403
    Albuquerque, New Mexico 87125
    Phone: 505-798-2630
    Fax: 800-215-9176