Las Cruces, NM asked in Family Law, Real Estate Law, Civil Rights and Probate for New Mexico

Q: My brother passed away in custody of the county jail my half sister violated the rights and went behind my back and got

Awarded as personal representative of his estate and filed a tort claim against the county. Is there anything I can do to have her removed as his personal representative? If so how do I go about it

1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA

A: In New Mexico, if you believe that your half-sister, as the personal representative of your late brother's estate, has violated certain rights or acted improperly, you do have options to challenge her position.

First, you need to file a petition in the probate court that is handling your brother's estate. This petition should detail the reasons why you believe your half-sister should be removed as the personal representative. Common grounds for removal include misconduct, incapacity, conflict of interest, or failure to perform duties as required by law.

In your petition, it's important to provide specific examples and evidence of any actions by your half-sister that you believe are improper or against the interests of the estate. This can include any actions she took without proper notification to you or other interested parties.

You should also be prepared to suggest an alternative personal representative, which could be yourself or another party, who can manage the estate's affairs more appropriately.

Given the complexities involved in estate and probate law, consider consulting with an attorney who has experience in these matters. They can guide you through the process and help strengthen your petition with the necessary legal arguments and evidence.

Remember, the court's primary concern is the proper and lawful management of the estate. If you can demonstrate that your half-sister's actions are contrary to this objective, the court may consider your request for her removal.

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