In Colorado, probate litigation can be lengthy, expensive, time consuming and very stressful for all family members involved. However, it also might be necessary in certain cases in which you believe that the loved one’s estate that is going through probate is not being handled appropriately or that the documents submitted for probate, such as a will, are not legally valid. The Colorado probate and administration process can be very complicated. It is not unusual for disputes to develop along the way. For details about the rules related to the administration process in Colorado, see Colo. Rev. St. § 15-12-301 et seq.
Not every probate dispute can be resolved without litigation but having objective legal advice to guide you through this process can help make it much more likely that you feel confident about the process you are approaching. Facing these challenges in probate litigation might encourage you to retain the services of a Colorado probate litigation lawyer.
What happens if you or someone else starts a probate case? This is a formal legal proceeding in which you’ll need to be prepared for the courts to evaluate the basis of the claim. This can add weeks or months to the closing of an estate. When the court determines quickly that there’s no need for litigation, this holds little impact on probate administration, but when it appears there are valid grounds for a will contest or similar dispute, this can significantly delay the payout of any remaining assets to beneficiaries of the estate. Furthermore, the administrator’s time managing the dispute can all diminish the value of those assets, too. This is a concern for both those entitled to receive assets from the estate as it stands and those who are challenging the validity.
Probate Litigation Issues in Colorado
Probate litigation, much like many other kinds of civil cases, involve emotionally charged issues that need to be resolved. The development of a legal strategy to evaluate these concerns and guide you through the probate litigation process can make a world of different in how you feel about the overall case. Working with an experienced Colorado probate litigation lawyer can help you get our questions answered quickly and can assist you with avoiding many of the most common mistakes that can all too easily be made. Probate litigation involves a variety of different kinds of cases and factors, including concerns around common law marriages, inheritance disputes, invalidity claims related to a will or trust, arguments about undue influence or the testamentary capacity of the deceased loved one, family inheritances related to divorce, gifting to a disabled or minor child or spouse, or writing a child out of a will.
Challenges of Probate
A probate litigation attorney in Colorado can have a big impact on the outcome of your case as it relates to probate litigation. For disputes or any kind of litigation associated with guardianship, fiduciaries, trust disputes, will disputes or conservatorships, you’ll want a law firm that has extensive experience in this field and can guide you through the process so that you can receive prompt answers to your questions. It can be very overwhelming to process the grief associated with losing a loved one and discovering that the case needs to go through probate litigation can only add to those challenges. This is why it is important to have legal counsel in your corner who is familiar with these circumstances. If you believe that the deceased’s wishes are not being properly represented or that they were forced into excluding or including someone from the will, don’t let the stress of going through probate litigation add to your grief.
A probate litigation attorney serving Colorado can help you determine whether or not there exist appropriate grounds for a claim and can help you with filing a claim on your behalf. Not every person is eligible to initiate a case of probate litigation so it’s important that you understand the role and eligibility with doing this in Colorado. You need the support of counsel who has been down this path before and has helped other family members determine what their best interests are as it relates to matters of probate litigation.