If you believe a will does not reflect the true intentions of the deceased, you may consider contesting the will. Some of the more common examples of reasons people move forward with a challenge include concerns that the individual who made the will lacked the...
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Estate & Trust Litigation
Can a will become so outdated that it is no longer accurate?
Many adults never get around to establishing an estate plan. They eventually die without a will because they always assumed they could draft one later. Chronic procrastination is arguably the most common mistake people make about estate planning. However, others may...
3 medical conditions that could affect testamentary capacity
There are a limited number of legal reasons why people might pursue litigation against an estate. Sometimes, people have reason to suspect that an outside party may have unfairly influenced the estate plan by pressuring the testator when they were vulnerable. Other...
What constitutes undue influence on a Colorado will?
A Colorado will is a document that outlines what should happen to someone's property after they die. Wills can include provisions for memorial services or the care of dependent family members. For many testators in Colorado, a will might be the only document they have...
Is a will invalid if a testator lacked testamentary capacity?
Probate litigation only affects a small number of the total estates that pass through Colorado probate courts each year. Oftentimes, the probate courts only need to provide guidance and oversight to ensure that the administration of an estate adheres to state laws and...
Sibling rivalry can lead to estate disputes
Sibling rivalry often starts when children are young and are competing for the attention of their parents. In some cases, people may feel like one of their siblings was the favorite. Rather than working together within their family unit, they feel like they’re...
Who can challenge a will?
When an estate plan is challenged, someone contests that they do not believe that the plan should be honored as it has been written. Maybe they think that the will was fraudulent. Perhaps they think that it was only created the way it was because of undue influence....
When can you remove a trustee from a trust?
When your loved one named a trustee to manage the assets in the trust that was designed to benefit you, they picked someone they believed was both honorable and capable of doing the job. Were their hopes misplaced? It happens. Sometimes, for example, a family member...
