Will Contests in Albuquerque
Estate litigation often involves contesting a will, contesting a trust, or seeking the removal of an executor or trustee, among other issues. If you believe your loved one's wishes are not being followed, probate and trust lawyer Benjamin Hancock, P.C. can bring his years of experience with trust litigation and probate litigation to help you protect your inheritance rights, and to protect the deceased's legacy.
Reasons to Contest a Will or Trust
Albuquerque attorney Benjamin Hancock, P.C. has 25 years of experience contesting, disputing, and litigating wills and trusts. Although courts generally seek to uphold the wishes of the deceased in most cases, that does not mean a judge won't set aside certain provisions in a will or trust under certain circumstances in New Mexico.
These areas of probate law and trust law include:
- Lack of capacity. Wills and trusts can be contested when the person creating the will or trust lacked the mental capacity that is legally required.
- Fraud. Fraud occurs when someone makes a significant misrepresentation to the person creating the will or trust in order to benefit. In probate and trust cases, such fraud is usually calculated to alter the scheme for the distribution of assets, or occurs in connection with the execution of the document.
- Duress. This occurs when the descendent was coerced into creating or signing the will or trust by force, threat of force, or other coercion.
- Undue influence. Unfortunately, people sometimes befriend an elderly person and develop an improper confidential relationship in order to obtain and inherit that person's assets and property.
The decision to contest a will or trust can be a highly emotional one. If you are considering a will contest or a trust contest, or are already involved in such a contest, probate and trust lawyer Benjamin Hancock, P.C. can provide you with the skill, knowledge, and experience needed to protect your rights and your inheritance.
Contact an Albuquerque Probate and Trust Lawyer
Using his experience and knowledge of New Mexico probate law and trust law, attorney Benjamin Hancock, P.C. is committed to helping executors, trustees, heirs, and beneficiaries protect their rights and the legacy of a loved one throughout the probate process. Contact the firm at 505-508-4343 to schedule an initial consultation to discuss your case with Benjamin.