Our
Probate Litigation Services
Disputes Regarding the Validity of Wills or Trusts
One of the most common forms of probate litigation involves challenges to the validity of a will or trust. Disputes often arise if someone believes that the decedent was unduly influenced, lacked capacity, or was coerced into creating or modifying their estate plan. Our attorneys work with clients to challenge or defend the validity of wills or trusts in probate court, ensuring that the decedent’s true intentions are respected.
Disagreements Over the Disposition of Remains and Funeral Planning
When there is disagreement over the disposition of remains or funeral planning, family members may find themselves in legal battles. These disputes can be emotionally charged and often arise when there is a lack of clear instruction or communication regarding the decedent’s wishes. Gendelman Klimas Edwards helps resolve these sensitive issues in a way that respects the decedent’s desires and minimizes conflict between family members.
Disputes Over Who Should Serve as Personal Representative
If no will was left behind or if family members cannot agree on who should serve as the personal representative of the estate, probate litigation may be necessary. In Colorado, there is a specific order of priority for family members when it comes to the appointment of a personal representative. Our attorneys can help navigate these disputes, ensuring that the person who serves as personal representative is properly appointed according to the decedent’s wishes or state law.
Failure of a Personal Representative to Properly Administer the Estate
If a personal representative is not fulfilling their duties fairly and impartially, or if they are acting inappropriately or illegally, it can lead to significant problems during the probate process. Gendelman Klimas Edwards can assist in addressing these issues, ensuring that the personal representative is held accountable for their actions and that the estate is administered in accordance with the law and the decedent’s wishes.
Disputes Among Creditors After a Loved One’s Death
Creditors may attempt to make claims against the decedent’s estate, and disputes can arise if there are disagreements about the validity of these claims or how debts should be paid. Our firm handles creditor disputes and ensures that any claims are properly addressed, protecting the estate and its beneficiaries.
Other Trust and Estate Litigation Matters
There are a variety of other trust and estate litigation matters that can arise during probate, such as disputes over asset distribution, allegations of fraud, and conflicts between beneficiaries. Our attorneys have experience in handling all types of estate litigation, and we are committed to providing the legal support you need to resolve these complex issues.
FAQs
Frequently asked questions about Probate Litigation in Colorado
Still have questions? Reach out to us today.
What happens if no will was left behind?
If no will was left behind, the estate will be administered according to Colorado’s intestate succession laws. This means that the decedent’s assets will be distributed based on a prescribed order of priority among family members. However, disputes can arise if family members disagree about the distribution of assets or who should serve as the personal representative.
Is it legal for a family member to refuse to share a copy of the will?
In Colorado, wills are typically public records once they are filed with the probate court. If a family member refuses to share a copy of a will, it could be a sign of improper conduct. Our attorneys can help you obtain a copy of the will and take the necessary legal steps to ensure your rights are protected.
What can I do if I was left out of a will?
If you were left out of a will and believe you are entitled to inheritance, there are several options for contesting the will, including challenging the validity of the will, proving that the decedent lacked capacity, or showing undue influence. Our attorneys can help you explore your legal options and work to ensure your interests are represented.
What should I do if the personal representative is not acting appropriately?
If you believe that the personal representative is not fulfilling their duties or is acting unreasonably, you may be able to request their removal through probate litigation. Gendelman Klimas Edwards can help you address these issues and ensure that the estate is administered properly.
What if my sibling stole our parent’s property before they died?
If you suspect that a sibling or another family member stole property from your parent before their death, this could be a case of estate fraud. You may be able to take legal action to recover the property and protect the estate. Our attorneys can help investigate the matter and determine the best course of action.
