Are you faced with a probate problem in New Mexico?
Call an Albuquerque Probate Lawyer: 505-508-4343
The Law Office of Benjamin Hancock, P.C. is committed to assisting individuals who need help avoiding or resolving probate matters. Whether you are an executor, heir, trustee, or beneficiary, the firm can assist you in protecting your rights and interests. Their probate administration services have benefited countless individuals for 25 years.
About the Probate Process in New Mexico
Generally speaking, probate is the legal process by which a person’s assets are distributed after death. If a person dies with a valid will, the estate is considered testate, and a personal representative, or executor, is appointed to distribute assets and settle the estate.
If a person dies without a will (a situation called intestacy), the court will appoint a personal representative in accordance with New Mexico probate law. The surviving spouse has priority to be appointed as a personal representative. The surviving children of the deceased are next in line in their priority to be appointed as personal representative.
Once appointed, the personal representative has three primary duties: gather the estate assets, pay any outstanding debts and expenses of the deceased, and then distribute the remaining estate assets to the persons entitled to them. A probate attorney works with you to ensure that these duties are properly performed and the estate is properly administered.
How does a probate lawyer Help?
The probate process in New Mexico can appear relatively complex and daunting to the uninitiated. There are numerous pitfalls for the inexperienced. An experienced New Mexico probate attorney can guide you through this process, and ensure that all of the numerous statutory requirements for probate are met. Much in the same way you would rely upon and experienced physician for assistance with a serious health problem, so also should you avail yourself of an experienced probate attorney to help you with your New Mexico probate matter.
Is a probate hearing necessary?
Typically, in an uncontested case, no hearing is required. However, if anyone objects to the petition or contests a will or trust, a probate hearing resolves these issues. Similarly, if it is unclear who the heirs are or who should be appointed personal representative, a wills and probate lawyer can request a hearing to help resolve these issues.
Administering and Closing the Estate
After a personal representative is appointed and the heirs are determined, there is typically quite a bit of estate administration business to tend to before the estate can be closed and the remaining assets distributed to the beneficiaries. The process of administering a probate estate can be complex, lengthy, and time-consuming; this is why most prefer to complete the process with the help of an experienced probate attorney.
Albuquerque, New Mexico Probate Litigation Attorney
When someone disputes some aspect of a probate case, the ensuing probate litigation can make the process longer. Common probate disputes include contesting the validity of the will; allegations of fraud or undue influence; allegations of misconduct by an executor or trustee; disagreements among the beneficiaries; accounting disputes; and removing executor or trustees in cases of wrongdoing.
Probate Attorney Benjamin Hancock provides sound legal advice and guidance throughout this process, advising executors and trustees on how to comply with their duties, and representing the interests of beneficiaries or heirs when they do not.
Contact a Wills and Probate Lawyer
With more than two decades of probate and litigation experience, Attorney Benjamin Hancock has successfully battled with opposing probate attorneys, aggressively defending his clients’ interests every step of the way. Protect your legacy and your inheritance with help from the Law Office of Benjamin Hancock. Contact us to schedule a free initial consultation. You don't have to face this overwhelming situation on your own – an Albuquerque probate attorney can help.
Call the Law Office of Benjamin Hancock, P.C. at 505-508-4343.
Take the first step today by requesting an initial evaluation!
As with any legal matter, the sooner you retain legal representation, the higher the chances that you will reach the positive outcome you desire. Schedule an initial evaluation with the Law Office of Benjamin Hancock, P.C. for legal guidance.