Why Do I Need A Broomfield Probate Litigation Attorney In Colorado?
Have you ever imagined being heartbroken, financially strained, and caught in the middle of a complex legal battle, all at the same time? Losing a loved one can leave you emotionally and financially drained. Add to that the stress of legal battles over a will or trust and it can be too much to handle. As you can tell, it’s no easy task for an individual to navigate these complex legal matters alone. That’s why it’s crucial to hire a Broomfield probate litigation attorney who has skills and experience in handling probate litigation law.
At Law Office of Clark Daniel Dray (debtfreecolorado), our legal team of probate litigation lawyers will help you resolve issues related to probate litigation in Broomfield. We have helped many clients who found themselves in complex probate disputes, whether they were family members, guardians, conservators, personal representatives, or trustees. Furthermore, we will ensure that you’re up-to-date with all the federal and state law information that you need to know regarding your case to protect your best interests.
Don’t let the complexities of probate litigation overwhelm you. Seek the guidance of our probate litigation attorney at Law Office of Clark Daniel Dray (debtfreecolorado) who has the knowledge and resources to provide cost-effective solutions to your legal issues.
What Is Probate Litigation?
The term “probate” essentially refers to a legal process that occurs after someone passes away. It involves proving the validity of their will through a court proceeding. Probate law is the one that governs the distribution of a deceased person’s assets.
Probate litigation arises when disputes occur, even when a will is present. This legal contest is filed during a Colorado probate court, typically due to family disagreements or a fiduciary breach of duty. This type of litigation can be complex and difficult to navigate, especially when dealing with emotionally charged family disputes.
When dealing with probate litigation, it’s important to understand the difference between probate and non-probate assets. Probate assets are those that are subject to distribution through the probate process. Non-probate assets are those that are distributed outside of the probate process, such as jointly held property or assets held in a living trust.
Navigating through probate litigation can be challenging, but with the help of our experienced Broomfield probate litigation attorney, you can successfully resolve disputes and altercations. Give us a call now and set an appointment for a free consultation.
What Are The Various Situations Requiring Probate Litigation in Colorado?
Probate litigation can arise in various situations, there is no exact formula for predicting what events or situations will lead to probate litigation. Certain situations pose a higher risk and increase the chances of such disputes. Here are a few examples:
- Families with intense sibling conflicts – this is when family members believe that they have not been allocated a fair share of the property or where a question arises over the validity of the will.
- Remarriages without a prenuptial agreement or an updated estate plan.
- Estate plans that exclude or treat children differently – situations where incapacitated individuals or a minor need a guardian or conservator can also result in litigation. In such circumstances, determining the person who can take care of the incapacitated person can become a point of contention.
If you are having difficulty or experiencing any of these situations, don’t hesitate to seek the guidance of our Broomfield probate litigation attorney who will help you navigate through tough disputes and guide you through the complex legal processes in Colorado.
What Are The Common Legal Issues in Probate Litigation?
Probate litigation can involve various legal issues and disputes. Here are some common issues in probate litigation in Broomfield, Colorado. These includes:
- Will Contests – it occurs when there are disputes regarding the validity of a will. These disputes often arise when beneficiaries or potential heirs believe that the will does not accurately reflect the deceased person’s intentions. In Colorado, there are several common reasons why someone might contest a will. These include
- Undue Influence: If a family member believes that the deceased was forced or manipulated into including or excluding certain individuals in the will, they can contest it on the grounds of undue influence.
- Failure of Formality: If the person who created the will (known as the testator) did not follow the specific legal requirements in Colorado, such as not having the signatures of two impartial witnesses, the will can be contested based on failure of formality.
- Mental Incapacity: If a family member believes that the testator was not of sound mind when the will was created and signed, often due to conditions like Alzheimer’s or dementia, they can contest the will based on mental incapacity.
It’s important to note that only certain individuals, known as “interested parties,” have the legal right to contest a will in Colorado. These include potential heirs who would inherit if there was no will, as well as individuals who were named in previous versions of the will but are now not included.
- Guardianship and Conservatorship Disputes– these disputes often involve concerns about the person’s capacity, their best interests, or allegations of abuse or neglect.
If an adult becomes unable to make decisions for themselves due to illness, injury, or disability, a Colorado probate court can appoint someone to make those decisions on their behalf. These decision-makers are known as guardians and conservators. Similar appointments can also occur for minor children. Understanding the difference between these roles is important when considering your Colorado estate plan.
Guardians and conservators may become the subject of disputes when family members disagree on who should be appointed or when there are concerns about fraud or abuse by the current guardian or conservator.
In such cases, our Broomfield probate litigation attorney can provide guidance on whether an incapacitated person requires a guardian or conservator, assist in determining the most suitable individuals for these roles, and help with the necessary legal processes in probate court.
- Breach of Fiduciary Duty -in probate cases, personal representatives, executors, trustees, and other fiduciaries have a legal obligation to act in the best interests of the estate and its beneficiaries. Breaches of fiduciary duty can include mismanagement of assets, self-dealing, conflicts of interest, or failure to distribute assets properly.
- Disputes over Asset Distribution – conflicts may arise when there are disagreements among beneficiaries or heirs regarding the distribution of assets. This can include disputes over the interpretation of the will or trust documents, claims of omitted beneficiaries, or challenges to the inclusion or exclusion of certain assets.
- Creditor Claims – probate proceedings provide a mechanism for creditors to file claims against the estate. Disputes may arise when there are challenges to the validity or priority of creditor claims, or when there are insufficient assets to cover all debts.
If you are facing any of these probate litigation issues, it is beneficial to seek the assistance of our experienced Broomfield probate litigation attorney to provide you valuable guidance and support throughout the entire probate litigation process.
Why Do I Need A Broomfield Probate Litigation Attorney in Colorado?
Probate litigation is a complex legal process that can be overwhelming for those who are unfamiliar with it. Hiring a Broomfield probate litigation lawyer by your side can provide several benefits that may make the process smoother for you.
At Law Office of Clark Daniel Dray (debtfreecolorado), we are committed to:
- Help you navigate the legal system seamlessly and ensure that all necessary legal requirements are met for a successful outcome.
- Provide guidance on complex legal matters related to probate litigation, such as tax implications and beneficiary rights.
- Help you to explore each option and develop a good strategy that will determine the best course of action based on your individual circumstances.
- Help you avoid costly mistakes and ensure that the estate is distributed efficiently and effectively.
- Lastly, help you ensure that your interests are protected and that you achieve the best possible outcome for your situation
Overall, by having the valuable guidance of our Broomfield probate litigation attorney at Law Office of Clark Daniel Dray (debtfreecolorado) by your side, you can have peace of mind through these challenging times and gain the confidence and clarity you need to navigate your probate dispute successfully.
Call our Broomfield Probate Litigation Attorney Now!
It’s no secret that your loved one’s estate is one of the most important things to protect. If you want to ensure that your loved one’s wishes are upheld and the estate is properly administered. You need to have a trusted Broomfield probate litigation attorney who will guide you in the right direction.
At Law Office of Clark Daniel Dray (debtfreecolorado), you can ensure that your interests are cared for, your loved one’s wishes are carried out, and, most importantly, their legacy is preserved for generations to come.
Don’t wait until it’s too late. Contact our local probate litigation attorney today to schedule a free consultation and learn how you can protect your loved ones’ estate.
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