Trust Contest Attorneys Serving New Mexico

At Mucci Law Firm in Albuquerque and Santa Fe, our attorneys have more than a decade of experience handling trust contests and all other types of estate litigation. Trusts are complex legal mechanisms, but we are well-versed in their functionality. If you and other beneficiaries are involved in a dispute over the management of a trust, we can help you seek a resolution. We have an impressive record of success in these cases.

Grounds For Pursuing A Trust Contest

Trust contests can be pursued on similar grounds as will contests. One of the primary reasons for trust contests is undue influence, which is when someone manipulates the creator of the trust to gain advantage as a beneficiary of the trust. Additionally, trust contests can be pursued on the basis of lack of mental capacity on the part of the creator, as well as on the basis of fraud. All of these grounds are based on how the trust was created.

Trusts are unique from wills in that they may continue to exist well after the creator has passed away. With a will, the assets are distributed at once and the process comes to a conclusion. With many trusts, assets are distributed over time. The successor trustee may continue to administer the trust for many years. The long-lasting nature of some trusts opens up more opportunities for disputes to arise regarding how the trustee is handling matters.

Many trust disputes involve allegations of breach of fiduciary duty. This is when the trustee allegedly does not fulfill his or her duties at any point during the lifetime of a trust. He or she may use assets from the trust for his or her own benefit, invest the assets poorly or simply not provide the necessary reportings.

Our lawyers know the specific case law that applies to trust contests, case law which is frequently different from that which applies to will contests. We know how to build strong cases to achieve success in even the most challenging trust disputes.

Free Consultations About Trust Contests

Call 800-639-8403 or send an email to discuss the possibility of a trust dispute.