This summary was computer-generated without any editorial revision. It is not official, has not been checked for accuracy, and is NOT citable.
Facts
The case involves the estate of a deceased individual, Estefanita M. Lujan. The appellant, an heir to the estate, challenges the fees paid and loans repaid to the personal representatives, Lawrence Lujan and Grace Renton, as well as the attorney fees. The appellant also contends that Lawrence Lujan should be removed as a personal representative due to alleged mismanagement and incapacity (paras 1-3).
Procedural History
- District Court of San Miguel County: Issued an order of complete settlement of the Estate of Estefanita M. Lujan.
Parties' Submissions
- Appellant: Argued that the fees paid to the personal representatives and their attorney were excessive, the estate was not settled in a timely manner, and that Lawrence Lujan was incapacitated. The appellant also claimed that the personal representatives acted in their personal interest and that loans made to the estate were unauthorized (paras 2-4).
- Appellee: [Not applicable or not found]
Legal Issues
- Did the district court err in approving the fees and loans repaid to the personal representatives and their attorney?
- Was the district court's decision not to remove Lawrence Lujan as a personal representative appropriate?
Disposition
- The New Mexico Court of Appeals affirmed the district court's order of complete settlement of the estate (para 13).
Reasons
Per Wray J. (Ives and Henderson JJ. concurring):
The court found that the appellant failed to demonstrate error in the district court's approval of fees and loans. The evidence suggested that the loans were necessary to protect or preserve the estate and were approved by the district court. The court noted that the appellant did not provide sufficient evidence to support claims of mismanagement or excessive fees. The personal representatives were permitted by law to employ attorneys and other agents to assist in their duties. The court also found no abuse of discretion in the district court's decision not to remove Lawrence Lujan as a personal representative, as he had managed the estate appropriately with assistance from his son (paras 5-12).