Legal Question in Wills and Trusts in New Mexico

I have a question concerning my late Grandmothers Will and whether or not I can sell my interests in that Will.

My Grandmothers Will divided her assets between her 7 children. However, my mother passed away before my Grandmother and the Will stipulated that if any of her children died before her, that their dependents would receive the inheritance.

Each of the 7 children were to receive 1 of my Grandmothers homes and the property it lies on. After that, any possessions or other assets were to be split equally.

My sister and I are supposed to receive my mothers "share" and then we split it 50/50, according to the Will.

One of my Aunts was named the executor of the estate. This Aunt is not on friendly terms with any of the other siblings, nor myself or my sister. My Grandmother died almost 4 years ago and nothing is happening with this.

To make things worse, the Will stipulates that if anyone causes any problems for my Aunt (executor) pertaining to the Will, they can be cut out of the Will. Now I dont know what constitutes "problems" but I would rather not deal with it.

I am also estranged from my sister due to Probate problems concerning my Mothers death, however my sister has decided to sue my Aunt.

I would like to just wash my hands with all of them and move on with my life. If I didnt need the money, I would just forget them all however I do.

My question is, can I sell my interests in the Will to another party, say for instance one of my Aunts or Uncles, perhaps even sell my half to my sister or even sell to another party, not related to any of it?

My Grandmother and Mother both lived and died in New Mexico. Everything has been filed there. I live in Kansas

Thank you very much in advance for taking the time to respond.

Joe


Asked on 3/16/10, 12:26 am

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

You may convey your interest in the estate to one or more of your fellow beneficiaries prior to the close of probate by assignment, either for profit or not. You may sell your interest in the estate to a stranger only after the probate has concluded to the point that title in the assets you inherit has vested in you. This means a deed to real estate, and titles to personal property.

Read more
Answered on 3/21/10, 7:09 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New Mexico