new mexico probate lawyer

Contesting Wills & Trusts

Disputes over probate estates and Trusts can be emotional and contentious, and may arise for a variety of reasons. These disputes can lead to probate and Trust litigation, which often involves contesting a Will, contesting a Trust, or seeking the removal of an Executor or Trustee, among other issues.

Common Probate Disputes

  • Conflict over the validity of a Will or Trust.
  • Concerns that the deceased lacked capacity.
  • Allegations of fraud.
  • Heirs may believe that a Will or Trust was made under duress, coercion, or other undue influence.
  • An heir is disinherited or receives less than the other heirs.

Common Trust Disputes

  • Conflict over the way the Trust is being administered, or the way the assets are being distributed.
  • Wrongdoing committed by the Trustee. This can be a breach of their fiduciary duties as Trustee, misconduct involving mismanagement or malfeasance, or self-dealing.
  • Failure of the Trustee to disclose the extent of the estate, and to account for monetary transactions as required by Trust law.

Reasons to Contest a Will or Trust

If you believe any of the below applies to you or the estate of a deceased loved one, you may need to pursue Trust or probate litigation to help you protect your rightful inheritance and the legacy of the deceased.


Lack of capacity

Wills and Trusts can be contested when the person creating the Will or Trust lacked the mental capacity legally required to do so.


Fraud or Misappropriation

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 or misappropriation is usually calculated to alter the scheme for the distribution of assets or occurs in connection with the execution of the document.



This occurs when the decedent was coerced into creating or signing the Will or Trust by force, the threat of force, or other coercion.


Undue influence

This occurs when someone close to the deceased improperly influenced him or her in connection with a Will or Trust.


Breach of Fiduciary Duty

This occurs when a Trustee or Executor fails to adhere to the high standards of care required of them, in contravention of New Mexico inheritance law.