Efficiently Resolving Estate And Trust Litigation

Estate and trust administration are complex areas of law that demand precise attention to detail. When you combine this legal complexity with the necessity of litigation, the stress on your family increases.

After the passing of a loved one, most individuals want to resolve administrative issues as quickly as possible. However, multiple problems can arise, both before and after death, that unexpectedly complicate these matters. For instance, you may discover that a sibling or caregiver engaged in financial mismanagement or misappropriation of assets. In other cases, a person may use coercion to facilitate the execution of improper and unintended wills, trusts, powers of attorney, deeds or beneficiary designation forms. In these instances, I use litigation to recover damages, void fraudulent documents and restore order to the estate.

Contact my Denver law firm to talk about your situation with an estate litigation attorney. For your convenience, I maintain offices in Denver, Arvada and Parker.

Select A Parker Estate And Trust Litigation Lawyer

As a solo attorney at The Law Offices of M. Kent Olsen, P.C., I bring decades of experience helping individuals through Colorado probate litigation. I investigate the details of your case while advocating for your interests in court.

I work with investigators, forensic accountants, tax experts, and financial professionals to build a data-driven case. I have experience in discovery tactics designed to uncover hidden assets or “paper trails” that prove misconduct. I work to obtain results for my clients in cases involving:

• Will contests: Challenging the validity of a will based on improper execution or forgery.
• Undue influence: Scenarios where someone pressures a vulnerable senior into changing their estate plan.
• Fiduciary misconduct: Holding trustees or personal representatives accountable for breaching their duties.
• Mental incapacity: Arguing that the decedent lacked the “testamentary capacity” to sign legal documents.
• Fraud and mismanagement: Addressing the theft or “self-dealing” of estate assets.
  Creditor Disputes: Protecting the estate from unfounded claims by third parties.

While these categories cover many common disputes, these legal challenges often involve overlapping personal and financial conflicts.

Real-World Litigation Scenarios

Estate disputes rarely happen in a vacuum. You might find yourself in a “Will Contest” scenario if a parent suddenly changed their entire estate plan weeks before passing while suffering from dementia. In this case, I gather medical records and witness testimony to prove a lack of capacity.

Another common scenario involves “Breach of Fiduciary Duty.” If a trustee uses trust funds for personal expenses or refuses to provide an accounting to beneficiaries, I take legal action to remove the trustee and surcharge them for the missing funds. Whether you are a beneficiary seeking your inheritance or a personal representative facing accusations of misconduct, I provide the defense or prosecution required.

Frequently Asked Questions (FAQs)

The following are answers to common questions regarding Colorado estate disputes and the litigation process.

What is the statute of limitations for contesting a will in Colorado?

In Colorado, C.R.S. § 15-12-108 generally sets the ultimate deadline to contest a will at three years after the decedent’s death. However, the timeframe often changes depending on the type of probate. In formal probate, you must usually raise your objection at or before the court hearing. If a person informally probates a will, you must initiate a formal proceeding to set it aside. Because these windows can close quickly, prompt action is necessary.

Can a trust be contested after the settlor has died?

Yes. Under the Colorado Uniform Trust Code (C.R.S. § 15-5-604), a person can challenge a trust on grounds of undue influence, fraud, or lack of capacity. However, you must act quickly: you must commence a contest within three years of the settlor’s death, or within 120 days if the trustee sent you a formal notice and a copy of the trust instrument.

What are the signs of fiduciary mismanagement?

Common red flags include a personal representative who fails to communicate, does not provide an inventory of assets, or allows sudden, unexplained decreases in the estate’s value.

Contact The Law Offices of M. Kent Olsen, P.C.

My main office is conveniently located in an accessible part of Denver, with satellite offices in Arvada and Parker. To speak with a knowledgeable Colorado estate and trust litigation lawyer, call 720-644-1605 to schedule an initial consultation.