Will, Probate and Trust Litigation FAQs

It is very common for disputes about wills and trusts to arise after a loved one has passed away.  Sometimes people feel they were unjustly excluded or they have not received the inheritance they were entitled to.  To better help our clients prepare for these possible scenarios, here are some FAQs about will, probate and trust Litigation.

Who is able to contest a will or trust?

  • Anyone with a potential right to inherit from the deceased that has evidence and/or grounds for believing they were improperly excluded or treated unfairly from the will or trust.

What are some possible events that can lead to a will or trust being contested?

  • The will or trust being questioned is only a copy and the original cannot be obtained.
  • Possibility of forged signatures.
  • There is a question about the mental capacity of the person who created the will/trust.
  • Undue influence over the person who created the will and/or trust.
  • Last minute, substantial changes to the will or trust.
  • Significant differences from previous versions of the will or trust.
  • Family members’ inheritance has been eliminated or reduced in favor of an individual or organization that shouldn’t inherit.
  • The trustee or personal representative (executor) is suspected of misconduct.

How can the validity of a will or trust be determined?

  • It is recommended that an attorney review the will or trust and ascertain if there are grounds to justify challenging the validity.

What can I do if no will or trust can be found?

  • If a family member dies “intestate” (without leaving a will), a probate court will select an administrator to distribute the estate according to New Mexico state law.  If a person dies “testate” (leaving a will), then the estate will be distributed according to the written instructions contained in the will or trust.

What can I do if I have a copy of the will or trust that predates or postdates the version filed with the court?

  • Take the copy of the will or trust to an experienced attorney who can help you determine if that version should be filed with the court.


Let our experienced team of attorneys answer any of your questions and concerns about will, probate or trust litigation.

We know there are many other questions and you may have additional concerns.  That is why our team at Pregenzer Baysinger Wideman & Sale is available to expertly answer your questions about will, probate or trust litigation.  We will be happy to schedule an evaluation meeting, either by phone or in person, to determine if the services we provide are a comfortable match for your litigation needs.  To schedule an evaluation meeting, please contact us today at (505) 872-0505.