Legal Question in Wills and Trusts in New Mexico
Will Dispute
My grandmother died 3 months ago leaving her property to my dad and uncle.My dad cared for her-his brother did not even call her. Grandmother expressed desire to change the will to my father only, but was not able to do so.Uncle is now taking over the house, which my father is currently occupying,moving his granchildren in, too.It is a very small house-cannot accomodate that many people.My father wants them out.What recourse does he have?The property is located in Lincoln Co., New Mexico.
1 Answer from Attorneys
Re: Will Dispute
A lawsuit needs to be filed quickly for your father's protection, while simultaneously a dialogue needs to occur between your father's attorney and your uncle, a sort of carrot and stick approach to attempt to quickly, amicably and inexpensively resolve matters. This is a very delicate situation, however, for which your father should not delay hiring counsel. I have litigated probate cases for some 28 years, so I would be glad to chat with you by phone. Albuquerque: 505/888-4409.
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