Our firm regularly handles contested probate cases. These cases include Breach of Fiduciary cases, Elective Share cases, Will Contests, contested Guardianship/Conservatorship matters, and cases involving the Colorado Slayer Statute.
Often beneficiaries of estates and trusts do receive the transparency they deserve. This includes copies of legal documents, inventories, and accountings. This causes divisions in families and distrust. Additionally, the person managing the estate may have made mistakes regarding their responsibilities as a fiduciary. Moreover, many personal representative and trustees are accused of shirking their responsibilities when they have done nothing wrong. In extreme cases, the person managing the estate can be removed and sanctioned. It is always helpful to have an experienced probate litigation attorney review your case to see if anything needs to be done.
These cases usually start when a spouse dies and leaves parts of his/her estate to someone other than their surviving spouse. One rule in estate planning is that a spouse cannot be fully disinherited in most cases. If your spouse died and did not leave you the entire estate, please contact us as you may have the right to void a will or trust.
Too often we see cases where someone unduly influenced their mother, father, or other individual to sign a will or trust. Often an elderly person is suffering from dementia or Alzheimer’s and does not understand the documents they are signing. If you see this, you may have rights to contest the Will or Trust regardless if the document includes a “no contest clause.”
We regularly handle Guardian and Conservatorship cases. It is extremely important the right person is appointed to help an elderly person with their medical and financial decisions. Our firm has experience fighting these cases and also getting these appointments approved quickly/inexpensively when these cases are not contested.
A general rule in probate cases is that someone cannot profit off of the felonious killing of another. While a criminal case is pending, it is incredibly important that the estate is safeguarded until the determination of innocence or guilt is made. During this time the person accused of a crime, or alternatively the estate assets, can be taken advantage of because the criminal case can take more than a year to conclude. Our firm has experience with these extremely rare cases.