Legal Question in Wills and Trusts in New Mexico
Billing an Estate
My mother died last year, the will that she and my sister had made, which give all monies to my sister, was thrown out by the Judge, now my sister has billed the estate for caring for our mother the last 6 months of her life and filed the bill with the court. Will we have to pay this bill out of the estate monies?
1 Answer from Attorneys
Re: Billing an Estate
Your sister has filed a creditor's claim with the estate for compensation for care allegedly given your mother during the last days of her life. It will be treated as any other creditor's claim, and whether or not it is paid in whole or in part will depend upon several factors including (1) any agreement she may have had with your mother, and (2) whether or not the services were actually performed and to the extent she claims. Ultimately the judge will rule on the claim and determine whether or not any part of it gets paid. You have an opportunity to contest the claim in the probate if you wish and if you have evidence bearing upon it.
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