Legal Question in Wills and Trusts in New Mexico
NM state laws on Trusts
My parents made a Trust years ago before my mother passed away. For five years now, my older sister has put pressure on my father to change the Trust to reduce my 1/3 to 20% by adding her husband and my brother's wife to be equal for the inheritance thereby getting 40% for both my sister and brother because they had two sons and I only have one son. I would like to know if I can see my dad's trust if it is filed somewhere in Bernalillo County of New Mexico without talking to my father. My sister has split our family apart. I am considered the Black Sheep of the family because I have been a single parent to my son. My sister's husband's last affair lasted FIVE YEARS before my sister found out and they decided to stay married. My sister is three years older than me and my brother is 15 months older than me, but they are both ahead of me as the Executive person of the trust. Can my sister change the amounts of inheritance to 40% for my brother and herself and 20% for me instead of the
33 1/3% for each of us? She took all of the valuable jewelry and household items when my father remarried. Does she control everything? I am continuing my relationship with my father & step mother as this is the most important thing. Thankyou
1 Answer from Attorneys
Re: NM state laws on Trusts
If the full Trust document is filed with the Bernalillo County Clerk, then it is of public record and you can read and/or get a copy of it. The only person who can change the terms of a trust is the person who made it [called the settlor]. Some trusts become unchangeable, at least in part, when one of the settlors dies. If you are unable to talk with your father about these matters, then she will probably prevail in her wishes.
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