Legal Question in Wills and Trusts in New Mexico

My family and I were given a warranty deed for property and mineral rights. My uncle who was the executor of my grandmothers estate quit claimed to himself a certain property. He received monies from oil royalties on this property without ever distributing to the heirs. Is this legal?


Asked on 2/10/10, 10:22 am

1 Answer from Attorneys

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

The answer depends upon the will or trust by which your grandmother directed the disposition of her estate. If he was entitled to certain property by the terms of a trust or will, then he did the correct thing. If there was no will or trust, or if the property in question was not clearly given to him in writing, then he may have committed fraud upon the remaining heirs. A review of the estate by a competent lawyer could answer your questions, but specific answers upon which you can rely are not available without a thorough examination of the documents which your grandmother executed disposing of her assets and her estate.

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Answered on 2/15/10, 1:55 pm


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