What are a co-beneficiary’s rights?

UPDATED: Apr 8, 2013

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What are a co-beneficiary’s rights?

My mother passed away 3 years ago with no Will leaving property be divided between my 3 sisters and I. However, 2 of 4 sisters gave our aunt personal representation of the property until it can be probated; the other 2 sisters myself included) did not sign. Is it legal? Also, can I get a new judge as the one that is currently overseeing the case is good friends with my aunt wouldn’t that be considered conflict of interest? Finally, if the property doesn’t have much value and isn’t really a lot of land is their less expensive way to probate?

Asked on April 8, 2013 under Estate Planning, New Mexico


Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

I assume the property is in a probate proceeding; one of the four of you must have instructed an attorney to file a petition in to probate with that person being named the administrator of the estate at least. Not all four of you have to sign the representation agreement. Lastly, it is not a conflict of interest to for a judge to handle a probate proceeding merely because he knows a beneficiary; the judge must follow the law of intestate succession.

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