Trust & Trustee Disputes

Lawyers to Help with Trust & Trustee Disputes

After death, a person’s estate is distributed according to their wishes, either through a will or a trust. Problems may arise when there is confusion about what the trust says or about the circumstances under which the document was created. Problems may also arise if the trustee is not carrying out the wishes of the deceased. When these issues occur, our Albuquerque law firm can help.

What is a Trust?

A trust is created when property is transferred to another person as trustee or when the owner of property declares that he or she holds specific property as trustee.  The trustee holds the property for the benefit of a beneficiary. If property is held in a Revocable Trust, the original owner, or Settlor, retains control over the property during his lifetime and can change the terms of the trust.   The Settlor cannot retain control over property in an Irrevocable Trust and typically cannot change the terms of the trust. Property in a trust does not go through the probate process. Our trust lawyers:

• Represent trustees and assist them in carrying out their obligations as trustees.
• Represent beneficiaries to assist them in obtaining the property to which they are entitled under the terms of the trust.

When it is suspected that alterations to the trust were unduly influenced, that the document was altered right before the trustor’s death, or that an heir is not receiving property they are owed, the trust can be contested in court.

Contact our Trust Lawyers for Trust Representation

For legal representation in trust litigation or trust administration from an experienced trust attorney, contact Business Law Southwest, LLC today. We will be there to ensure your rights are being protected in court.