Legal Question in Wills and Trusts in New Mexico
My grandparents created a living trust that set out specific items to be given to each child and grandchild. However after my grandmothers death, last surviving settler, the all but two items listed were in the posession of my uncle and he is refusing to turn them over to me saying that befor his father, my grandfather, died he gave these items to him. My grandfather was not quite in his right mind before he passed and after his death my grandmother on several occasions attempted to collect some of the items and was refused by her son.
Does the law stick to what is written as absolute and I can go after these items or am I just out of luck and sentimental items?
How should I proceed?
1 Answer from Attorneys
The terms of a living trust are legally enforceable. Consult an estate lawyer in your area for further specifics. Initial consultations are usually at no cost. It may take resort to the courts, but you have rights that the law will protect if you take the necessary steps to enforce them.
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