The probate process is an important step in administering a deceased person's estate. Occasionally, disputes arise that necessitate probate litigation. Common triggers can include concerns of undue influence that result in the deceased feeling forced to sign a will or...
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Probate Litigation
How can I prevent my will from being contested?
Will preparation is an important part of the estate planning process. By creating a will, you are taking proactive steps to ensure that your assets are distributed according to your wishes when you are no longer around to make key decisions. Unfortunately, the death...
Tips for executors in settling Colorado estates with out-of-state heirs
It's complicated enough to be an estate executor when everyone lives in the same place. But what if there are heirs in other states? For instance, maybe you and your siblings all grew up in Colorado. You stayed near your parents, and so they named you the estate...
What can you do if you disagree with an executor’s actions?
When someone dies and leaves behind a large estate, conflict often ensues. The surviving family members may fight over assets if there isn't a highly-detailed estate plan to guide their distribution. Even if there is an estate plan, there could still be issues. It is...
What do the concepts of “testamentary capacity” and “undue influence” mean?
Someone’s will can provoke a number of disputes between their heirs, especially when there are allegations that the testator (the person who wrote the will) either lacked the appropriate testamentary capacity to make the will valid or was subject to undue influence...
What are the reasons you can challenge a will in Colorado?
When someone has died with a will, it is not uncommon for a family member or sometimes a friend or a person with a professional relationship with the decedent to have reason to suspect something is not right about the will’s terms or the circumstances around its...
Fraud can be the basis of a Colorado will contest
It is a safe assumption that most wills filed with probate courts are authentic. This is the conclusion of law professor Mark Glover of the University of Wyoming College of Law in an article in the University of Michigan Journal of Law Reform. After extensive...
Addressing breach of fiduciary concerns
A professional may pad billing statements claiming extra hours managing a trust for a disabled client. A son or daughter might claim he or she was just borrowing from mom’s account to explain missing money. What can be done to identify these issues, stop the damage...
Dealing with a home/cabin after the death of a parent
A death in the family can be difficult, no matter the circumstances. Take time to grieve, but do not wait too long before starting with estate administration functions, especially if you need to deal with real property like a home or cabin.If you are designated a...
Inheritance, probate and Colorado common-law spouses
Colorado is one of a handful of states that still recognize common-law marriages, which are relationships in which the partners agree to be married and hold themselves out as married even though they have not followed state-sanctioned marriage requirements. If the...