There are many times in which the heirs to an estate have reason to contest a probate or initiate litigation in a probate matter.
Examples of reasons to contest a probate include:
- An invalid testamentary instrument was submitted to the Court
- The Decedent lacked capacity to execute a testamentary instrument submitted to the Court
- A testamentary instrument was revised to cut out a legal or rightful heir because of the influence of another person
- Questions of paternity and lawful heirship of a purported child
- Prior acts of an heir, caregiver or interested party resulted in parts of the estate being diverted prior to the Decedent’s death
Claims of undue influence arise when a departed person is influenced by another person to change or alter his or her estate unnaturally.
Contested Wills and Trusts
A will contest challenges the admission of a will to probate or seeks to revoke the probate of a will that is already pending before the probate court.
The best way to protect yourself as a fiduciary is to be advised on the laws governing your position. New Mexico Probate Lawyers are here to help advise fiduciaries to help limit personal liability.