6215 Corporate Dr, Ste 101
Colorado Springs, CO 80919
Losing a loved one is never an easy experience. A contest to a will or a trust only adds stress and emotional strain to an already difficult situation. Working with a Colorado Springs probate litigation lawyer can take away much of the anxiety and work associated with resolving the conflict.
What leads to probate litigation?
Probate litigation usually results from conflict around the distribution or administration of an estate following the owner's death. In many instances, the interested parties cannot resolve the disagreement alone. The courts need to get involved in order to hear every side of the argument and make sure the issues are resolved according to law.
Many different situations create possible disagreements over estate distributions. Litigation can become inevitable when heirs disagree amongst themselves.
A last will and testament might have ambiguous language, an oversight in the formalities, or there might be an issue of incapacity. Undue influence is a situation in which one person inappropriately affects the directions of the will. This influence could include one child manipulating the parent to get an unfair advantage or another individual swooping in and trying to take what should rightfully belong to blood relatives. A conflict might mean that the will could be declared invalid and thrown out by the court.
When parents treat their children differently in the will, or disinherit one altogether, it is best to do so after consulting an estate planning attorney to help prevent a conflict in the probate courts later on.
Another common cause for disagreement involves the mental state of the deceased. One must be of sound mind when signing their last will and testament and other estate planning document. This requirement means that their decision-making cannot be affected by medication, dementia, or incapacity.
Lack of clarity in the terms of the document can also create a conflict, particularly after an individual decides to draft their own legal documents. The last will and testament must clearly state the intent and wishes of its signer. When interested parties question the true meaning or intent behind a clause, a legal proceeding is typically required to clarify the disagreement.
How can a probate litigation attorney help?
Like all legal proceedings, all the facts should be explored before going to court. A probate litigation attorney can help investigate the claims and find the evidence to support your claims. Whether you are trying to demonstrate that your relative was not of sound mind when she signed her will or that someone is trying taking more than his fair share, our team can help.
At Mile High Estate Planning, our years of successfully representing clients before the probate courts have prepared to us to take on even the most challenging situations.
Additionally, we have contacts and resources to aid in the investigation. Distant relatives might appear with an alleged claim to the fortunes left behind by your loved ones. Our Colorado Springs probate lawyers will determine if they are who they say they are and if they have any rights to the property.
When going to court, you want experienced professionals on your side.
Our team understands how difficult it can be to handle a loved one's affairs after they pass away. We are here to make it as easy as possible for you and your family. To that end, we provide our clients with the information and counsel they need in order to help resolve the proceedings as efficiently as possible.
It's our goal to help you assert your rights in the probate court and help you receive the inheritance that is rightfully yours.
Visit our office in Colorado Springs
Colorado Springs is a gateway to adventure. No matter the season or your activity level of choice, there's an outdoor experience for you.
We are home to the Royal Gorge Bridge, which is the highest suspension bridge in North America. The famous Pike's Peak is a mountain reaching over 14,000 feet above sea level. Finally, the Garden of the Gods is a geological site to behold. The infamous red stone formations make unique shapes, like kissing camels or balanced rock.
Each of these natural wonders has options for driving, biking, or hiking. Whether you're a seasoned athlete looking for a challenge at high elevation or someone who enjoys a good view from the comfort of their car, you'll find options in Colorado Springs.
There's more than only nature experiences in Colorado Springs. World-class restaurants, the United States Air Force Academy, Olympic training center, and Cheyenne mountain zoo with its impressive herd of giraffes round out all that this city has to offer.