Colorado Will Contests & Probate Litigation

Old notarial wax seal on tied scroll, closeup

The passing of a loved one is a difficult time for everyone. This is particularly true when emotional disputes arise over inheritance and the person’s estate. Relationships can be pushed to the breaking point, sometimes leading to severe fights among siblings and other family members over their respective inheritances. If you find yourself in a fight over a loved one’s estate, Colorado Springs estate litigation attorney Patterson Weaver can help.

If the deceased left a proper will or trust, our team may be able to quickly resolve your dispute. Our estate litigation attorneys can also help resolve more complex disputes, such as when there is no will or when there is a disagreement over the validity or true intent of a will or trust. Our skilled estate litigation lawyers can help you understand your rights, protect your interests, and put you in the best position to secure a positive outcome in your case.

If you find yourself in a fight over a loved one’s estate, contact us today for a free consultation with a Colorado Springs estate litigation attorney. Peakstone Law Group, LLC has extensive experience handling highly complex will and trust contests on large estates. Based in Colorado Springs, our firm works with individuals and families across the state, including El Paso County, Pueblo County, Teller County, and surrounding areas.

Why Do “Will Contests” Occur?

Many people understand the importance of having a will in place to express their wishes regarding their estate. However, people often do not realize the problems that can arise by attempting to express their wishes in writing without the help of an attorney. In some cases, even if the deceased had the help of an attorney, a family member or someone close to the deceased may have unduly influenced an individual so that the instructions in the will were not representative of the deceased’s actual intentions.

On top of these complexities, the matters associated with a will arise during a very difficult time. A loved one has passed on, and emotions may be running high. There are potentially volatile issues to deal with, many personalities may be involved, and there may be family members and other beneficiaries harboring unresolved feelings. This is a potent blend and one that can lead to serious misunderstandings and conflict.

While every contested will case is different, probate and trust litigation can occur for any of the following reasons:

Dispute regarding a holographic (handwritten) will – There can be many problems associated with a handwritten will. Even finding a handwritten will may be difficult since it could be packed away in a desk, in storage, or in some hidden corner. There must be sufficient evidence that the document was intended as the decedent’s final will and testament and that it was written in the decedent’s own handwriting. Handwriting experts may come into play, along with other factors.
Dispute in interpretation of a will – There can be many complications when interpreting a will, especially when there are multiple marriages involved and children from different marriages. There is often a question of who will pay for certain things – such as real estate taxes. There may be competing interests that can be tough to navigate. An experienced attorney can help sort it all out.
Multiple competing potential wills – When there is more than one will, many questions may arise. This could happen because the deceased had property in more than one state, a will may have been updated without invalidating the old will, there was overly influential pressure to create a new will, and more. In any of these cases, a skilled Colorado Springs estate litigation lawyer is needed to review the evidence and help build a case to support the validity of your claim.
Concern regarding the undue influence of an individual over the deceased, resulting in a will that perhaps did not reflect the wishes of the deceased – When you can’t go back and ask someone what their intentions were, it can be difficult to discern the truth. An estate litigation lawyer can help you meticulously review evidence to uncover the true wishes of the deceased.
Lack of capacity to execute a will – There are times when the mental competence of a testator is questionable. For example, the testator may have suffered from mental illness or dementia, and it may be difficult to prove that they were fully aware of what they were doing when the will was executed.
Lack of testamentary intent (a document was not intended to be a will) – People may question whether the document was actually intended to serve as the deceased’s last will and testament.

How Our Colorado Springs Estate Litigation Lawyers Help Beneficiaries

There are times when a beneficiary is blocked out of an inheritance because a will was improperly created, the terms are unclear, or a personal representative fails to communicate clearly with beneficiaries. If this is the case, you need a trusted Colorado Springs estate litigation lawyer to be your advocate during what might be a difficult fight for your rights.

We can help you build a case for what is rightfully yours by:

Gathering and reviewing all documentation to help you understand the terms of the decedent’s will or trust, as well as the state laws that apply to the will or trust
Reviewing your options for contesting the validity of a will or trust and filing your case in court
Collecting and reviewing all available evidence to build a compelling claim on your behalf
Helping you determine whether the personal representative is capable of fulfilling their role
Communicating with the personal representative and other beneficiaries on your behalf
Protecting you from harassment by other involved parties
Aggressively advocating for your rights in negotiations and in court

Our legal team has many years of experience providing a full range of probate services. Let us take the pressure off you. Contact us today to learn more about our legal services.

How Our Colorado Springs Estate Litigation Lawyers Help Fiduciaries

As the fiduciary of an estate, you are obligated to preserve trust and good faith for the beneficiaries. Your actions must fall within legal and ethical boundaries. Even when you are doing everything you can in good conscience, conflicts can arise. Our estate attorneys are here to help. We can help you with:

Proper accounting of the estate
The management and distribution of a trust
The management and distribution of assets
Defense of your conduct as fiduciary
Interactions between guardian and ward
Interpreting and handling instructions from the court
Dealing with an individual or organization holding power of attorney

What Our Clients Are Saying

My Case Was Settled with a Very Favorable Outcome

“Patterson was friendly, kind, and understanding when I met him. He recognized my needs and explained how he would help me upon our consultation. He understood that I was trying to get the best deal with the court and for my wallet. Though lawyers are expensive, Patterson saved me a lot of money and got the job done.” Continue reading →

- Phillip

The Best Choice I’ve Made When Choosing an Attorney

“Patterson Weaver and his team is the best choice I’ve made when choosing an attorney. I knew it from the first conversation we had. He took time to speak to me after hours when he easily could have said to call back in the morning. He made me feel comfortable, and educated me throughout the process.” Continue reading →

- Nick

The Best Deal Possible Due to My Unfortunate Circumstances

“Patterson represented me in another county and made sure to get me the best deal possible due to my unfortunate circumstances. I was able to get a deferred sentence which is pretty much unheard of in cases like mine and I’m forever grateful to him.” Continue reading →

- Jillian

READ ALL TESTIMONIALS

Understanding the Estate Administration Process

Whether you are on either side of an estate matter – as a beneficiary or a fiduciary – you may not have the experience needed to navigate the legal complications that can arise. Estate administration is the process of collecting and managing the estate. This involves paying any debts and taxes, as well as distributing property to the heirs of the estate.

The personal representative’s role in administering the estate includes:

Obtaining the death certificate
Searching for and doing a complete review of the deceased’s assets and liabilities
Assessing the value of the deceased’s assets
Going through probate if necessary
Managing rightful distribution of assets among heirs and creditors

It can get complicated, and there is no room for error. Our capable estate attorneys can help guide you through the process and address any conflicts that arise. Contact our Colorado Springs law office today to get started.

What Will Be the Cost of Hiring an Attorney to Help Me Fight for My Inheritance?

Every case is different. No inheritance attorney can give you an exact quote on the fees for your particular situation without first speaking with you regarding the case. However, Peakstone Law Group, LLC provides a free consultation, so there is no risk to getting our legal opinion. Then we offer actual representation on the basis of either an hourly rate or a contingent fee. Which of these two approaches is possible and best for your situation depends on the type of case, the complexity of the situation, the novelty of the legal issues involved, the amount of work likely involved, and the size of the estate at issue. For cases appropriate for a contingent fee, our probate attorneys do not collect any fee unless we can help you successfully collect money or assets.

When Should I Contact an Attorney Regarding My Inheritance?

Time is of the essence in probate litigation and contested will cases. You should consult with a qualified attorney immediately upon realizing there is a dispute over your inheritance. If you wait too long, it may be impossible for an attorney to help you collect what was intended for you. There are a number of deadlines that apply to these types of cases — don’t take the chance of missing them. Schedule a free consultation today.

Probate FAQs

Probate

Does an Attorney Have to Write My Will in Colorado?

The short answer is no, but it’s generally not a good idea. An attorney does not have to write your will in Colorado. You can write your own will as long as it meets the legal requirements under Colorado law. To make a will in Colorado, you must be at least 18 years old, of sound mind, create your will in writing, and have two other people witness you as you sign it. However, you should always seek the advice of an attorney to ensure that your will meets all legal requirements and to avoid any potential issues during the will probate process.

Can Probate Be Filed in Colorado Without a Lawyer?

The probate process can be complex, and there are many legal requirements to follow. As an executor, you will need to complete and file all necessary forms with the court, provide notice to creditors of the estate, and distribute estate assets according to the will or state intestacy law. While it is possible to handle this process on your own, it is always recommended to seek the advice of a lawyer who can help you avoid any potential issues during the probate process.

How Do I Start a Probate Claim in Colorado?

In Colorado, the probate process begins with filing a probate claim with the court. This involves submitting certain documents, such as a death certificate, the deceased person’s will (if they had one), and a list of their assets and debts.

Probate can be a complicated and confusing process, so working with an experienced lawyer who can guide you through it is essential. Your lawyer can handle every aspect of the probate process, saving you considerable time and effort. They can also help you avoid common pitfalls that could land you in legal trouble or jeopardize your loved one’s estate.

What Types of Probate Are There in Colorado?

Colorado has three main types of probate:

Small probate – The simplest and quickest type of probate, reserved for estates valued at $50,000 or less with no real property.
Informal probate – A more common type of probate used for estates that are not eligible for small probate.
Formal probate – The most complex type of probate, used when there are disputes over a will, questions about the validity of a will, or other complicated issues.

What Should I Expect During the Probate Process?

The probate process can be lengthy and complex, and it’s essential to work with an experienced lawyer to guide you through it. The probate process typically involves the following steps:

Filing a probate claim with the court and submitting the necessary documents
Identifying the deceased person’s assets and debts
Paying off debts and taxes on behalf of the estate
Distributing assets to beneficiaries

The timeline for probate can vary depending on the complexity of the estate, but it typically takes several months to a year or more. A lawyer can help you streamline the process and ensure your loved one’s estate receives the attention it deserves.