Denver, Colorado, Probate Litigation Attorney

Denver Will Contest Lawyer

At Chayet & Danzo, LLC, we have the resources to represent heirs and beneficiaries, executors and personal representatives, conservators and guardians, fiduciaries and creditors in contested probate litigation. Our probate litigation services include representation in Will contests, conservatorships, guardianships, Trust litigation and fiduciary defense litigation.

Questions or problems arising during the process of estate administration are more difficult to resolve than other legal issues because the person who executed the documents is no longer available to shed light on his or her intent. If he or she lacked testamentary capacity, was susceptible to undue influence, was under duress, or there was fraud or a mistake, the attorneys at Chayet & Danzo can assist you in bringing this to light through litigation or negotiation.

The Colorado probate litigation attorneys at Chayet & Danzo, LLC, understand how to identify capacity issues of a testator, how to evaluate the structure of estate planning documents, and how to determine if fiduciaries are acting appropriately. We have extensive experience with a wide range of issues in probate litigation.

Guardianship and Conservatorship Hearings

Most often, individuals have not planned for illness, injury or incapacity through the use of Medical Directives and Powers of Attorney, or the Powers of Attorney an individual has done are either insufficient or the product of incapacity or undue influence. In the absence of such planning or inadequate planning, or when a person becomes too ill or incompetent to name an agent, a probate court may need to intervene to appoint a guardian and/or a conservator Our estates and probate lawyers help family members seek a court-appointed guardian or conservator for incapacitated loved ones. Chayet & Danzo is experienced at handling simple guardianship and conservatorship hearings as well as contested and complex guardianship and conservatorship hearings.

Representation in Will Contests

A Will contest is a legal challenge to the validity of a Will. These challenges are generally made by a person who believes a Will was created or changed under improper circumstances, perhaps under the undue influence of another person, under duress, or after the person has lost capacity to make an informed decision, or through fraud. A Denver Will contest lawyer at our firm can assist with probate litigation arising over disagreements regarding an estate, property rights, or even the disposal of the decedent's remains.

Representation in Trust Litigation

Lawyers at Chayet & Danzo represent trustees and beneficiaries in all aspects of Trust disputes and litigation.

Representing Creditors

We represent creditors in probate litigation to collect on debts owed by an 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 a third party acting as an agent, trustee, conservator, guardian or personal representative. A fiduciary is charged with fulfilling the duties and tasks assigned to them by the governing document as well as by governing statutes. The role of a fiduciary can be complicated when a relative, friend, interested party or a court disputes or tries to contest your actions as a fiduciary or the intent of the person who drafted the Will or Trust. We vigorously defend your actions as a fiduciary, which can include any probate litigation.

Reclaiming Estate Assets or Conservatorship Assets

When an underage or incapacitated individual, or an estate, is entitled to money or property from a personal injury settlement, a Trust or an estate, a conservator or other fiduciary may be responsible for the proper gathering, protection and distribution of those funds. We assist parties in reclaiming these assets as well as assisting vulnerable clients whose fiduciaries have mishandled or improperly distributed the assets placed in their care.

Disposition of Last Remains

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 and named fiduciaries in ensuring that their deceased loved one or client is treated with dignity, pursuant to their wishes, even in death.

Free consultation: We offer a free initial consultation with one of our experienced probate litigation attorneys if you are involved in a Will contest, inheritance dispute or conservatorship or guardianship matter. Contact Chayet & Danzo, LLC or call 303-872-5980 to set up an appointment. While we are located in Denver, we are willing to travel to meet you.

Having a Will and comprehensive planning is the first step in avoiding a contested situation or other hardship after your death. We offer complete estate planning services to clients including the preparation of Wills, Trusts and other Directives.