Experienced Probate Litigation Lawyers In Colorado

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 their intent. If they lacked testamentary capacity, were susceptible to undue influence, were under duress, or there was fraud or a mistake, the attorneys at Chayet & Danzo, LLC, can assist you in bringing this to light through litigation or negotiation.

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 and trust litigation. Our boutique practice focuses solely on estate law and related areas. This positions us well to efficiently manage complex, high-stakes disputed cases. With offices in Denver and Edwards, we handle these cases statewide.

Comprehensive Estate Litigation Services

Our probate and trust litigation services include representation in:

• Conservatorship proceedings and guardianship cases
• Will contests
• Debt collection involving estates
• Fiduciary defense litigation
• Claims involving reclaiming estate or conservatorship assets
• Disputes over disposition of remains

We 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. Read on for more detail about each of these areas.

Guardianship And Conservatorship Hearings

Many individuals have not planned for illness, injury or incapacity through the use of medical directives and powers of attorney. In some cases, powers of attorney that an individual has created turn out to be either insufficient or the product of incapacity or undue influence. If you believe you may be in a similar situation, our firm can assist you.

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 estate and probate lawyers help family members seek a court-appointed guardian or conservator for incapacitated loved ones. Whether they are simple or complex, our firm is equipped to handle all 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, such as:

• Undue influence of another person
• Duress
• Loss of capacity to make an informed decision
• Fraud

A 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.

Representing Creditors In Estate-Related Debt Collection

We represent creditors in probate and trust 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 that 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 law. 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 or trust-related disputes.

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.

Contact Our Denver Probate Litigation Firm For A 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 case. Contact Chayet & Danzo, LLC, or call 303-872-5980 to set up an appointment with our experienced probate litigation lawyers. We can also to travel to meet you.