Contested Wills in Albuquerque, New Mexico

Find the right Contested Wills attorney in Albuquerque, NM

It is permitted, in Albuquerque, New Mexico, to go to court and claim that a will is invalid, in some cases. This is called a Will Contest.

Occasionally, testators leave out of their wills people who might naturally expect to inherit a substantial portion of the testator's estate (spouses and children, for instance). This might lead them to assume, truthfully or not, that the will was some kind of mistake.

If there is a considerable amount of money or property at stake, a family member who was left out of the will might find it to be worth the time or money to contest it.

You should remember that a will contest frequently results in adversarial legal proceedings, which can be very combative. Considering the likelihood that other members of your family might be on the other side, it's clear that this can really damage a person's relationship with his or her family.

When Can a Will be Contested in Albuquerque, New Mexico?

A court in Albuquerque, New Mexico will not entertain a will contest unless there is a very good reason to do so. But, there are some allegations which, if shown, clearly invalidate a will.

For instance, if the will was obtained through duress (threat of some kind of harm), then it is invalid. Duress, however, is difficult to prove. If a named beneficiary was in some position of power or trust with the decedent, and is not someone who one would ordinarily expect to get a large gift in a will, that might raise substantial initial suspicion of something improper happening. Of course, those facts alone are not nearly enough to prove duress.

Another thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or heavily intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be shown.

If an Albuquerque, New Mexico will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Albuquerque, New Mexico Contested Will Attorney Help?

Because a will contest can sometimes involve perplexing legal and factual questions, as well as some very raw emotions, a skilled Albuquerque, New Mexico attorney can be invaluable in helping this process go as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Albuquerque

Albuquerque is biggest city in the State of New Mexico with over 600,000 residents and 182 square miles. A percentage of the population can be attributed to the University of New Mexico, Kirkland Air Force Base, and a number of other labs and research institutes. Albuquerque is also the seat of the Diocese of the Rio Grande. The Pueblo Revival style of architecture was popularized by an Albuquerque native John Gaw Meem. A number of outstanding examples, including the University of New Mexico, exist in Albuquerque.

Otherpopular places to visitinclude Old Town Albuquerque, Sandia Mountain, and the Albuquerque Biological Park. The Petroglyph National Monument is one of the city's most popular. Albuquerque was voted Men's Fitness number one fit city because the city offers outstanding bike lanes, a number of public and private gyms, and a very low obesity and health injury rate. If you're not from Albuquerque, you may remember what it looks like from the movie Sunshine Cleaning and television shows such as Breaking Bad and In Plain Sight. The City of Albuquerque is racially very diverse and threw a festival to represent their diversity and celebrate their history at their Tri-centennial Celebration. Yes, the city has been inhabited since 1706.

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