Legal Question in Wills and Trusts in New Mexico

accusations against executor

My husband�s stepdad died leaving money in an investment account, a trailer house and land, a pickup and some misc personal property. He was survived by his Mother in a nursing home, a Son and Daughter, and two former Stepsons (half-siblings to Son & Daughter). He named two co personal rep�s � a former wife (no relation to any children) and one of the Stepsons�(husband). Stepdad left a will dividing property between Son and Daughter after token amount to Stepsons and investment account money to be set up in a trust to take care of mother with money left over from account after her death to be divided by Son and Daughter. He also left some credit card debt from Son and Daughter using his cards during his illness. The process has dragged on but was close to being completed when Son hired attorney to represent Mother. Attorney has never spoken to Mother and Mother told executor she does not want a lawyer. Son says executors are not doing their job. Son is trying to get control of the money in investment account. What can be done to protect Mother from her greedy Grandson? Household property was informally divided by Son and Daughter after the funeral. Insurance proceeds were paid directly to Son and Daughter.


Asked on 12/06/06, 5:59 pm

1 Answer from Attorneys
James Grissom Law Office of James P. Grissom

Re: accusations against executor

I really sorry you are going through this situation. These types of cases are just about the messiest and most disappointing of all. The likely end result for all of this litigation is that the money will be eaten up for attorneys fees and the beneficiaries will be left with a trailer, a truck and a mother in the nursing home with no money to take care of her. Unless there is a no contest clause in the will, I see disappointment in the future.

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Answered on 12/06/06, 6:19 pm


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