Legal Question in Wills and Trusts in New Mexico
Q on estate
My parents divorced when I was 4. My father remarried and adopted his new wife's 2 children. Many years later he died. From his 20 year old will, my 4 sisters and I were given $2500 each, plus a letter to sign from his wife's attorney giving us an extra $500 for signing away our future claims. We all did it because -- well -- we didn't know anything else to do. If you've not been through a death before it's strange and new, and we were sad and confused. Now, as my stepmother gets older herself, I realize everything she and my father accumulated (house, bank accounts, stocks, etc.) will be divided between her 2 children. Thus, they will inherit far more than the $3000 we each got. After she passes, I am inclined to contact a lawyer to see if I could make a claim against the remaining portion. I know I signed a form in 2000, but people sign forms all the time not fully understanding the ramifications. I have nothing against mt stepsiblings, but my father worked hard all his life and we did not receive much from him over the years.
My question: Is this something pursue-able? Or dead in the water? Thank you.
1 Answer from Attorneys
Re: Q on estate
You should have the documents you signed and any others related to your father's estate reviewed by an estate-planning attorney. Generally, if you and your sibilings were 18 years of age or older, and fully informed, and the document you signed was properly prepared and you received appropriate money for signing it at the time of signing, you may not have a claim. You should, however, have the documents reviewed, because you state the will was 20 years old but the form was signed in 2000, and that could be very important to the answer to your question. Get proper legal advice before taking any action.
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