Probate
The attorneys practicing in the probate group help interested heirs and beneficiaries to transfer assets out of the name of the deceased person into the names of the heirs, beneficiaries or trusts as directed by the Will or Trust of the deceased person, or, if none, then, as provided by law.
Will and trust contests typically occur during a probate of a will or during the administration of an estate. We assist our clients by defending such actions or by filing actions when the facts and circumstances warrant challenging a will or trust because of undue influence or incapacity reasons.
In many instances, the group assists out-of-state counsel with assets, including oil, gas and minerals, located in New Mexico, which are owned by the estates of persons who died out-of-state. These are commonly called “ancillary proceedings”. The group is experienced in dealing with charges of fraud and undue influence as well as poor management or administration among family members, co-personal representatives, trustees or co-trustees, or others which often result in litigation.
Attorneys practicing in this area:
Kurt A. Sommer
Eric M. Sommer
Mark Kriendler Nelson
B. Cullen Hallmark
Bradley M. Odegard
Brandon M. Church
Chelsea E. Allen