Colorado Elder Law: Probate Litigation

At Chayet & Danzo, LLC, we have the resources to represent individuals, family members, personal representatives, fiduciaries, and other beneficiaries in complex, contested probate litigation. Our probate litigation services include representation in will contests, trust litigation, and fiduciary defense litigation.

Probate litigation and questions that arise during an estate administration are more difficult than other legal issues because the person who executed the documents is no longer available to shed light on his or her intent, meaning, understanding, or purpose. With our focus on elder law, we understand how to evaluate the structure of estate planning documents, identify the capacity issues of the testator, and determine if all fiduciaries are acting appropriately.

A few examples of the litigation our attorneys are prepared to handle:

Guardianship and Conservatorship Hearings

Too often, individuals have not planned for illness, injury, or incapacity by executing proper directives and powers of attorney. In the absence of planning and when the individual is too ill or no longer competent to name an agent to help manage financial and medical affairs, court intervention is necessary. Our attorneys help family members seek a court-appointed guardianship and conservatorship for incapacitated loved ones.

Representation in Will Contests

A will contest is a challenge to the validity of a will. These challenges are generally made by a person who believes a document was created under improper circumstances including undue influence, duress, loss of capacity, or fraud. A will dispute can arise over disagreements regarding an estate, property rights, or even the disposal of the decedent's remains.

Representing Creditors

We represent creditors who need to collect on a debt owed by a decedent estate. As experienced probate and estate administration attorneys, we understand the procedure of settling the final affairs of an estate and the priority of payment of all creditor claims. We work to ensure creditors receive repayment for past services, loans, or other obligations.

Fiduciary Defense

A fiduciary may be an individual such as a family member or friend of the decedent, a financial institution, or another professional third party acting as an agent, trustee, conservator, guardian, or personal representative. A fiduciary is charged with the duty of fulfilling the duties and tasks assigned to them by the will and governing statute. We understand the role of a fiduciary can be made all the more complicated when a relative or friend of the deceased disputes or negates the final wishes of the decedent. We vigorously defend your actions as the estate's fiduciary.

Reclaiming Conservatorship or Estate Assets

We assist with reclamation of conservatorship or estate assets. This becomes necessary when an underage or incapacitated individual receives money from a personal injury settlement, trust, or decedent estate. A conservator is responsible for proper distribution of those funds. We represent clients whose fiduciaries have mishandled or improperly distributed the funds placed in their care.

Disposition of Last Remains

This can be a contentious topic with the members of the deceased's family. Differing ethical and religious beliefs may cause family members to disagree about the method of the final disposition of the body of a loved one. There may be disputes regarding place of burial, who will receive the remains, and whether cremation is appropriate. We represent family members or named fiduciaries in ensuring that their deceased loved one or client is treated with dignity and pursuant to their wishes even in death.

If you are involved in a will contest, inheritance dispute, conservatorship/guardianship matter, or other estate administration issue, contact our firm to learn how we can help. Additionally, we offer complete estate planning services to clients including the preparation of wills, trusts, and other directives. Having a will and comprehensive planning is the first step in avoiding a contested situation or other hardship after your death.