Q: In New Mexico if my brother refuses to file a will does the probate court proceed as if there is not one?
My father just passed away and I know there was at least 1 will possibly 2 and my brother says he is the named executor and he doesn't have to file it in the courts nor does his estate have to go through probate. He also is refusing to let me see the will telling me my fathers home is going to him and my son cutting me out of the house all together. Can I file with the probate courts to begin probate on the estate and if so do I file as if there is no will or file the forms for there is a will and I just do not have a copy of it? What are the legal ramifications if my brother does not file the will in the courts and is refusing to provide a copy of the will to me and also has been performing executor duties (such as closing down accounts and changing user names and passwords to my fathers accounts) and he has not been appointed by the courts as the executor of my fathers estate by the probate courts only being named in the will but will not prove it to me?
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A: Hire a NM attorney to file for an intestate administration. The administrator will have to make a bond and then start marshalling up the Estate's assets.
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