Mucci Law Services

Mucci Law

Mucci Law is a boutique Law Firm specializing in trust and estate planning and litigation. We are based on Albuquerque New Mexico, but handle cases across the U.S. Our primary areas of practice are Estate Planning & Administration and Trust & Estate Litigation

Comprehensiver Overview of Our Primary Services

Estate and Probate Litigation
  • Will Contest/Defense
    • If you believe that the offered Will doesn’t accurately reflect the testator’s intent, or that the will is otherwise invalid, a Will challenge is in order. Once a formal objection to the validity of a will is made, then a Will Contest begins.
    • Whether you’re defending or challenging the validity of a will, typically the dispute is over undue influence, coercion or duress, lack of testamentary capacity, fraud, or forgery.
  • Probate Fraud
    • If someone submits an improper Will or false information with the intent to deceive the court, then they’ve committed probate fraud. Though it seems unlikely, it happens frequently. The probate process is complex, and probate fraud is difficult to prove without the proper expertise.
  • Breach of Executor Duty
    • When an executor acts in their own best interest rather than in the best interest of the deceased and their heirs, then they have breached their duty as an executor. If an executor has misappropriated money or assets from the estate, failed to respond to a beneficiary’s reasonable request, or ignored important deadlines, then they may have committed a Breach of Executor Duty.
      • Breach of Executive duty often calls for a Removal of Executor.
  • Improper Execution
    • Depending on jurisdiction, the signing of Wills and Trusts are governed by specific rules. When a Will or Trust is not signed and witnessed correctly, it may be susceptible to an Improper Execution claim. Our industry is hyper technical, and even the slightest error or confusion can be detrimental to a document’s validity.
Trust Litigation
  • Breach of Fiduciary Duty
    • When a corporate or individual Trustee breaches their fiduciary duty, they have failed to act in the trust beneficiary’s best interest. A breach of fiduciary duty may not be as overt as a trustee taking money from a trust. Rather, a Trustee’s unwarranted favoring of one beneficiary over another, or even failing to pay the trust’s taxes are common examples of less malicious breaches of fiduciary duty.
    • Common breaches of fiduciary duty:
      • Comingling of Assets and Self-Dealing
      • Incomplete Record and loses created by wrongful acts or omissions.
      • Conflicts of Interest and Improper Gifts
    • Common remedies for Breach of Fiduciary Duty:
      • Trustee Removal
      • Surcharge Action
      • Removing specific assets from control of Trustee control
      • Reducing Trustee compensation
    • Depending on the circumstances, such breaches of fiduciary duty may be solved as easily as a judge’s order to perform duties.
  • Non-Fiduciary Trust Disputes
    • Though it’s most common for trust disputes to be centered around the mismanagement of a trust by a trustee, other issues arise. For instance, beneficiaries may disagree over the construction of a trust.
  • Mediation
    • In many situations, the parties involved in a trust or estate dispute are open to mediation. Through the process of mediation, clients may be able to avoid the stress of drawn-out court battles, preserve family relationships, and save a significant amount of money. Some of the many benefits of mediation include:
      • The possibility of preserving family relationships
      • Avoiding a potentially lengthy legal process
      • Reaching an outcome that benefits all parties, rather than relying on an uncertain court-imposed ruling.
      • Protecting confidentiality.
      • Significant cost savings.
    • Should negotiations and mediation fail to produce the desired outcome, our legal team is more than prepared to take any case to trial.

Estate Planning & Administration

Estate Planning
  • Will Drafting
  • Trust Drafting
  • Estate and Inheritance Taxes
  • Multi-Generational Wealth Planning
    • When there are multiple parties involved, Estate planning can quickly become overwhelming. We can utilize various estate planning tools and strategies to enable you to plan for multiple generations of your growing family.
Asset Protection
  • Asset protection involves efficient allocation, risk assessment, and cost minimization during your lifetime. Reducing and avoiding taxes and protecting yourself from complications, which may otherwise fracture your wealth.
    • Reducing/Avoiding: State Income Tax, Real Estate Tax, Capital Gains Tax, Death Taxes, Inheritance Tax, Etc.
    • Selecting favorable jurisdiction
      • Avoiding family complications
      • Divorce (of spouse or heirs)
      • Prenuptial/postnuptial agreements