Full question:
how can I find out if I was left something in a will as promised by the deceased, with the relationship being as employee to deceased. The lady my wife was working for promised she would leave her something when she died. The lady died in January of 2010. Her son is the type of person who will do what he wants and not follow the letter of the law
- Category: Wills and Estates
- Subcategory: Probate
- Date:
- State: New Mexico
Answer:
You can check if you were left something in the will by contacting the court where the will was filed. Wills become public documents once an estate is probated. The executor also files an accounting of the estate, which you can access. To get started, call the clerk of courts at the relevant court for assistance in locating the filed will.
If the executor does not distribute what is stated in the probate filings, you may have grounds to sue them for breach of fiduciary duty. An executor is legally required to follow the wishes of the deceased and manage the estate responsibly. To establish a breach of fiduciary duty, you must show that:
- You had a trusting relationship with the executor.
- The executor failed to fulfill their duties.
- You suffered damages as a result.
Keep in mind that defenses against a breach of fiduciary duty claim can include:
- The statute of limitations has expired.
- No fiduciary relationship existed.
- You lack standing to sue.
- The executor acted with your consent after full disclosure.
- The business judgment rule applies, meaning the executor acted in good faith for the estate's benefit.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.