Specialized
Practices
Mucci Law offers specialized legal services in Estate Planning, Asset Protection, and Trust Litigation. Our boutique firm, based in Albuquerque, New Mexico, is committed to safeguarding family legacies through tailored strategies and extensive resources. We serve clients nationwide, both as primary counsel and co-counsel, delivering personalized expertise to address each client's specific needs.
Asset Protection
Protect your assets with a strategic asset allocation, comprehensive risk assessment, and prudent cost minimization. Reduce your real estate tax, state income tax, capital gains tax, inheritance tax, and death tax liabilities for your current and future needs. Shield your financial legacy and gain peace of mind from family with well-planned and thought out asset protection and estate plans.
We are experienced in drafting estate documents that will meet your individualized and family needs and goals. Estate planning documents may include a will, trust, power or attorney, healthcare directives, family limited partnership, deeds, and other agreements.
Estate Litigation
Will Contest or Defense
A Will can be challenged provided there is a reason to doubt the validity of the Will or the intent of the testator. There are many reasons a Will may not be valid. If a Will was signed under improper influence or coercion, or the signatory lacked sufficient testamentary capacity, or if the Will was forged are the typical determinants of a Will’s validity.
Let us help you exercise your right to challenge or defend a Will.
Probate Fraud
The law considers the act of presenting an inaccurate Will or false information intended to deceive the court as probate fraud. We possess the required proficiency and experience to navigate through the complex probate procedure.
Breach of Executor Duty
If an executor or personal representative of a decedent’s estate disregards the interest of the deceased and their heirs or devisee’s to satisfy their own interest, that is a breach of the executor’s duty. Discover and resolve any breach that occurred due to the misrepresentation of the estate’s assets or money, deliberate ignorance of any reasonable request made by the beneficiary and missed deadlines on the executor’s part.
Breach of executor duty can result in the executor’s removal and money damages.
Improper Execution
Different jurisdictions have specific rules regarding the signing of Wills and Trusts. We can assist you in drafting, signing, and reviewing estate documents to ensure they have been properly signed and that they meet the requirements under state law.
Trust Litigation
Breach of Fiduciary Duty
Improper distribution from a Trust is not the only basis for a breach of fiduciary duty. A Trustee must place the beneficiary’s interest first at all times or they may commit a breach of fiduciary duty. Also, a Trustee may commit a breach of fiduciary duty if they act in favor of one beneficiary over another. We have ample experience in evaluating and litigating breaches of duties committed by a Trustee.
Non-Fiduciary Trust Disputes
Non-fiduciary disputes are issues other than a breach of duty committed by a Trustee. One such example is a disagreement among beneficiaries over the construction of a trust.
Mediation
Disputes among the beneficiaries of a trust or estate are not uncommon. Unfortunately, they can lead to lengthy court cases, ruin family relationships, and incur large legal fees. Sometimes, desired results can be obtained through informal mediation with a neutral third party. Mediation or negotiation can be a first step towards resolution, but if that doesn’t bring a favorable outcome, then we are experienced in litigation.
Estate Planning
Drafting Services
Drafting wills, living trusts, powers of attorney, and advance directives.
Estate Taxes
Help reduce estate taxes.
Protection
Protecting certain assets from creditors.
Life Insurance & HIPAA Releases
We handle life insurance matters and HIPAA releases.
Business Law
Our practice is not limited to Estate planning but also includes business planning and advice.
Protect and grow your business. We can assist with negotiating partnership agreements, or partnership disputes, drafting business policies and procedures, contract review and negotiations, as well as business structure planning.