My question involves estate proceedings in the state of: New Mexico
Parents had set up a family trust in which one of the children was to to become co-trustee upon the death of a parent. When this happened, the surviving spouse refused to acknowledge the other party as co-trustee, and worked with a lawyer to split the trust, but not 50-50 as was specified in the trust agreement. Through a technicality, because of some oversight, many of the accounts were not specifically titled to the trust. Very little was left in the credit trust after the split.
Since then, the surviving spouse has abandoned the house (though continuing to pay property taxes) with the deceased spouse's ashes in it. The house is split 50-50 between the credit trust and the surviving spouse's trust. The household items are under the ownership of the surviving spouse. The surviving spouse has forbidden the children entry to the house. The children would like to have a final resting place for their deceased parent. The deceased parent had expressed where she wanted to be interred, and the children would like to follow through with this request. Do the children have any legal standing here? One of the children is co-trustee of the credit trust, but has been removed as a co-trustee of the surviving spouse's trust.