Removing Executors & Trustees in New Mexico
When a trustee or executor fails to do what is required, becomes incapacitated, or is otherwise unable to perform his or her duties, the matter needs attention from a knowledgeable probate attorney. If you want to remove an executor or trustee from a decedent's estate in New Mexico, probate lawyer Benjamin Hancock, P.C. can help.
What is an executor or trustee?
Generally, an executor or a trustee is the person that oversees and manages a decedent's estate. Executors (which in New Mexico are called personal representatives) oversee a probate estate when a person dies either with a valid written will or without a will. Trustees manage and administer the estate of a deceased person when that person had created a valid trust while living. In both cases, the executor or trustee is entrusted to perform the duties associated with estate, such as marshaling and preserving assets, providing accounting, paying creditors' claims, and ultimately distributing the estate assets to the heirs and beneficiaries. There are circumstances when a New Mexico court can override a decedent's choice of a personal representative or trustee.
In a probate estate , a judge may remove a personal representative when:
- Removal would be in the best interests of the estate.
- The personal representative made misrepresentations of material facts pertaining to his or her appointment.
- The personal representative has failed to comply with court orders.
- The personal representative has become incapable of discharging his or her duties.
- The personal representative has mismanaged the estate.
- The personal representative failed to perform his or her duties.
In a trust estate, a judge may remove a trustee when:
- The trustee has committed a serious breach of trust.
- The trustee has become unfit or unwilling to administer the trust, or has persistently failed to administer the trust effectively.
- Removal is requested by all of the beneficiaries, and the court finds that removal would be in the best interest of the beneficiaries.
Of course, trustees and personal representatives can voluntarily resign. Practical, voluntary resignation rarely occurs in cases of serious mismanagement or concealed wrongdoing, because the wrongdoer of course does not want his or her misconduct to come to light.
Contact an Albuquerque Probate Attorney
If you are facing Albuquerque probate litigation, contact the Law Office of Benjamin Hancock, P.C. The firm's attorney has 25 years of experience successfully representing surviving family members in cases where in a trustee or executor has overstepped, or even engaged in outright misconduct. In such cases, attorney Benjamin Hancock, P.C. can ensure that the trustee or executor is removed, and fight on your behalf to protect your inheritance.
This is a delicate area of law that will be handled with confidentiality. You will always be treated with dignity and respect at the law firm. Your concerns will be taken seriously, your phone calls returned promptly, and you will be given answers to your questions in plain English, not legalese.
Schedule a consultation with a lawyer by calling 505-508-4343!