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If you are facing a contested will or trust, a Denver probate litigation attorney can help you pursue the case and relieve the stress that can come along with the conflict. Probate litigation can create anxiety and uncertainty. Fortunately, our Denver probate litigation attorney team can help. We offer experienced probate litigation attorneys who are ready to represent your best interests in a contested probate administration.
What is Probate Litigation and How We Can Help You?
Probate litigation is the process that allows individuals with an interest in an estate to challenge the distribution of the estate. Probate litigation may be necessary if there are disagreements about how an estate should be distributed or administered. Some of the issues that may arise in estate administration include:
- Undue influence - A person may not inappropriately influence another person to make a certain disposition in their will.
- Failure of formality - To be valid, a will must meet formal requirements. The court may not honor a will that does not contain those requirements.
- Mental incapacity - A person must be of sound mind to make a will. If they do not have mental capacity at the time they make their will, the court may not allow probate to ensue.
- Disagreement about the terms of a will - If the terms of a will are unclear or if the circumstances have changed since the creation of the will, interested parties may disagree about the contents of the will and the intent of the will's creator.
- No estate plan - If a party dies without an estate plan, interested parties may disagree with how Colorado law dictates what should happen.
- Disinherited child - While a disinherited child is rare, a parent has the right to disinherit their child. Disputes may arise about the intent of the parent and what the estate planning documents actually mean.
- Treating children differently - Litigation may arise when parents treat their children unfairly in their estate planning.
How lawyers for Denver probate litigation build your case
Exploring a case in probate litigation often depends on clear evidence supporting the facts. For example, if there's a dispute about the mental capacity of the person creating a will, you may need to gather evidence in order to show the person's mental capacity. In order for attorneys to make a good case to present to the courts, evidence must be carefully compiled.
Why work with our Denver probate litigation attorneys
Our probate litigation lawyers in Denver understand that any estate administration can be a challenging time for individuals and their families. That's why we work diligently to assist our clients with the skill and determination that it takes to effectively advocate for their interests. It is our goal to give our clients the insight they need to make the right legal decisions and to ensure that their rights and interests are protected.
If you have questions or concerns about the administration of an estate, your time to assert your rights is limited. We invite you to contact our Denver attorneys to thoroughly discuss your claim. Call us today to begin.