Legal Question in Wills and Trusts in New Mexico
Trust question.
My family has just discovered that my father has been written out of the trust, and thus the will of his mother. We are wondering if New Mexico law allows someone to be left out of a will. Basically, can a person be dis-inherited in the state of New Mexico? There are two sons in the family, my father and my uncle. My uncle is the only one listed. Please give me any information concerning this question.
2 Answers from Attorneys
Re: Trust question.
If your uncle is the only one listed in the will, then your father could have a good case to collect his share. But, that can be remedied if your grandmother become aware of this and inserts a specific paragraph disinheriting your father. The key is whether or not your father is listed but disinherited or not listed at all. As I stated if he is not listed at all, he has a strong probability of collecting his share of the estate.
Re: Trust question.
Children have no right of inheritance from their parents in NM. If the parent knowingly and competently disinherits a child, there is nothing which can be legally done.
If the disinheritance is as a result of undue influence by another over an incompetent or marginally competent parent, however, that is another story and often times much can be done by contesting the probate of the will.
Call us at 1-800-858-3636 if you wish further information.
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