Legal Question in Wills and Trusts in New Mexico
I am needing some advise about the laws pertaining to an underaged heir and responsabilty or her surviving parent towards 'keeping in trust ' her dads estate.
Karl Lewisjr. age 25 shot and killed him self in April of 2010 , he left a 4 year old daughter and no will.
In his suricide note he ask his best friend to look after his daughter and make sure any thing worth any value be held in trust for her.
When the best friend was ask by a blood realitive of the little girl to produce a saving account statemnt or a trust fund pRoof or just anything to show that any cash he has realized from the sale of Karl jr' five pickups, and the three pay checks that Karl had comming from his work and the sale of other suff like a TV and stereo etc... the best friend just side steps the issue and tells people to mind their own business. Now , no one at this point is questioning the requisit for him to take care of the 'business end of the deal ' , all anyone has ask to see is a bank statement showing where the money has been 'put in trust' for the heir to Karl jr's estate.
Okay, what I am hoping to have come out of this long boring story , is some legal advice that will show what that 'blood realitive' can do under New Mexico laws to have the probate courts or someone make the best friend show someone , a judge , a family member, just anyone at this point, that he has the little girls interests at heart and that Karl jr was right to trust his best friend.
And if he can't show either the money or a statement then to replace whatever has been used and start living up to Karl jr's trust .
BTW, the blood realitive is an aunt on Karl jr.s mothers side of the family tree.
She does not have a computer so she ask me to try and find out what the laws are . I was Karl jr's step mother years ago .
1 Answer from Attorneys
If the 'best friend' will not account for the assets, your remedy is to bring a suit in the daughter's name to get a court order requiring him to account for what has come in and where it is now. You will need legal help to do this.
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