The Law Offices of M. Kent Olsen, P.C.The Law Offices of M. Kent Olsen, P.C.2026-05-05T16:04:16Zhttps://www.mkolsenlaw.com/feed/atom/WordPressOn Behalf of Olsen & Mahoney, LLP<![CDATA[When can I challenge a will?]]>https://www.mkolsenlaw.com/?p=484622025-10-24T19:54:07Z2025-10-24T19:54:07Z 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 capacity to make the decisions at the time or was under undue influence. Other arguments may involve allegations of fraud or that the will was not properly executed. The following will dive into each of these examples and provide more information so you can decide if you should pursue further action.
Lack of testamentary capacity or undue influence
One of the primary reasons to contest a will is the belief that the testator (the person who made the will) lacked the mental capacity to do so. Testamentary capacity means the testator understood the nature of making a will, the extent of their assets, and the claims of those who might expect to benefit from the will. Undue influence is another common reason. This occurs when someone manipulates the testator, compromising their free will. This can result in a will that reflects the influencer's desires rather than the testator's.If you suspect the testator lacked capacity, you may need to provide medical records or witness testimonies to support your claim. Proving undue influence often requires evidence of manipulation or coercion.
Fraud or forgery
A will may be contested if the testator's signature was forged. This is a serious allegation that requires substantial proof. Examples that can help include:
The will contains suspicious alterations or additions.
The testator's signature does not match known examples.
Witnesses to the will's signing are unreliable or unavailable.
Fraud or forgery claims often necessitate expert analysis, such as handwriting examination.
Improper execution
Wills must adhere to specific legal formalities to be valid. The particulars vary by state. In Colorado, this generally includes a requirement that the will be in writing, signed by the testator and either signed by at least two witnesses or acknowledged by the testator before a notary public.Contesting a will is a complex process that requires careful consideration of the legal grounds and potential evidence. If you believe you have a valid reason to challenge a will, consulting with an experienced probate attorney can provide guidance and help you navigate the legal system. Understanding the common reasons for contesting a will is the first step in determining whether to proceed with your case.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[Can a will become so outdated that it is no longer accurate?]]>https://www.mkolsenlaw.com/?p=484612025-09-25T18:18:12Z2025-09-25T18:18:12ZOutdated documents could justify litigation
Technically, wills do not lose their authority due to age. A will drafted on an 18th birthday could still control the descent of a person's property if they die in their 90s. Still, if a will is old and inaccurate, the people who have close relationships with the decedent and a potential interest in their estate could ask the courts to set aside outdated documents.
For example, a will drafted after the birth of a first child may only include that one child as a beneficiary. If the testator went on to have three more children, the younger children could cooperatively pursue a will contest on the basis that the document was inaccurate due to its age and their exclusion was unintentional. Unless there are clear indications that the testator intended to disinherit three of their children, the courts could set aside a will compromised by outdated terms.
Factors, including the changes that occurred after the testator drafted the will, may influence what the courts believe is appropriate when reviewing will contests based on the omission of certain people or highly outdated terms. The inclusion of deceased beneficiaries or assets liquidated long ago could raise questions about the accuracy of a will. The omission of spouses and children can also raise red flags.
Discussing the possibility of probate litigation can help those disappointed by a will take appropriate action. The courts can set aside old documents in certain cases to protect those who may have been intended beneficiaries or legal heirs if there had been no will.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[Who may need to draft powers of attorney?]]>https://www.mkolsenlaw.com/?p=484582025-08-29T11:26:13Z2025-08-29T11:26:13ZYoung professionals and college students
When teenagers become adults, they lose the direct support of their parents. Parents cannot access medical records or make decisions on behalf of a child who is now an adult. They also lose control over the resources that belong to their adult children. Powers of attorney help ensure that someone can pay a young adult's bills or oversee their medical care when they require support.
People with chronic medical conditions
Certain medical issues are likely to recur repeatedly or slowly worsen throughout life. People diagnosed with chronic or progressive maladies may need to consider the possibility of future incapacity. Establishing powers of attorney to ensure that they have support if their condition worsens or something goes wrong during treatment can be beneficial for those dealing with significant medical challenges.
Adults preparing for retirement
Advanced age comes with a variety of potential medical challenges. People's physical capabilities decline, leaving them vulnerable to traumatic injuries caused by falls and similar incidents. Alzheimer's disease or other forms of dementia can also leave people incapable of managing their own affairs. Older adults thinking about their independence and future need for support may want to specifically draft durable powers of attorney. They can designate someone to assist them if they become permanently incapacitated.
Creating powers of attorney while an adult is still healthy can protect them in the future when their condition changes. People in a variety of circumstances can derive practical protection and peace of mind from powers of attorney.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[How the Big Beautiful Bill will change your estate plan in 2025]]>https://www.mkolsenlaw.com/?p=484462025-08-06T00:24:15Z2025-08-06T00:24:15ZHow the Big Beautiful Bill could change your estate planning
The Big Beautiful Bill locks in a significantly higher estate and gift exemption. This amounts to about $13 to $14 million per person, adjusted for inflation. Without this legislation, the exemption would have dropped by nearly half in 2026, reducing how much you could pass on to your children and loved ones tax-free.
If you own a family business, investment properties or have assets for retirement, this new law gives you greater flexibility. You now have the option to plan thoughtfully, without feeling pressured to make rushed financial moves before the tax rules change again.
It is important to review your estate plan to see how these updates affect your family’s future.
How this change affects your estate planning strategies
With the Big Beautiful Bill in place, now is the time to adjust your estate plan. Focus on these key areas:
Lifetime gifting strategies: Update your approach to wealth transfers without facing immediate tax deadlines.
Trust structures: Re-evaluate trusts to ensure they protect family assets and support long-term care needs.
Business succession plans: Prepare a clear plan to pass down family business or partnerships.
Estate documents: Review your will, powers of attorney and healthcare directives to reflect updated exemption amounts.
Taking these steps ensures your estate plan supports your retirement goals and family legacy.
Keep your estate plan updated as laws change
Although the Big Beautiful Bill provides valuable tax relief, regularly updating your estate plan remains essential. Whether you are providing for your children, managing care for aging parents or planning for your retirement, your documents and strategies must reflect today’s laws.
Consider consulting with an estate planning attorney in the Denver area to ensure your estate plan protects what matters most. Proactive planning today gives you peace of mind for the years ahead.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[How often should people review and update estate plans?]]>https://www.mkolsenlaw.com/?p=484232025-06-25T11:10:07Z2025-06-25T11:10:07ZWhen personal circumstances are vastly different
An individual's life can change drastically in just a few hours. A loved one could have a major medical emergency. A spouse could file for divorce. People acquire highly-valuable assets or liquidate personal property.
Children can have grandchildren, which can completely change an individual's testamentary wishes. Any of these situations and many others might warrant a significant adjustment to estate planning documents. When a testator's health, family or finances change, their estate planning documents may need to change as well.
When several years have passed
Not all changes to personal circumstances are abrupt and obvious. Situations also evolve slowly over time. Investments accumulate value, forcing people to rework their wills to address the possibility of estate taxes.
Relationships that were once close may degrade over time, while others may heal and improve. People don't always recognize that there have been significant shifts in their circumstances until they review their documents and realize how outdated some of their terms have become. Making a commitment to reviewing estate plans a few times every decade can help people ensure that they have the right documents in place and the right terms included in those documents.
Testators who routinely review and modify their estate plans can feel confident about leaving a positive impact after their passing and having access to support when they need it the most.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[Formal vs. informal probate: What is the difference?]]>https://www.mkolsenlaw.com/?p=484212025-05-27T08:16:07Z2025-05-27T08:16:07ZWhen someone passes away, their estate may need to go through probate. Probate is the legal process of managing and distributing assets based on an individual's will. If they do not have a will, state laws will decide how the assets are distributed. There are two main types of probate: formal and informal. Understanding the difference can help families choose which is right for their situation.
When informal probate applies
Informal probate is the most common and straightforward type. People generally use it when the will is valid and under the following circumstances:
Family members get along
No concerns about fraud
No missing documents
No unclear wishes
During an informal probate, the court appoints a personal representative or executor. The representative manages the estate with limited court oversight. In other words, the judge does not stay involved throughout the process.
When formal probate is required
This process is more structured and involves greater court supervision. People use it when there are:
Disagreements about the will
Questions about its validity
Uncertainty about who should oversee the estate
The court may hold hearings and require formal notices to all interested parties. If there is no will or the estate is quite complex, formal probate may also be necessary.
Making the right decision
Choosing betweenformal and informal probate depends on the facts of the estate. If the will is clear and the heirs agree on what should happen, they can choose informal probate. This process can save time and legal costs. On the other hand, formal probate may offer protection if there is a chance of conflict or confusion.
Get guidance before filing
Probate does not have to be overwhelming. However, thewrong process can create delays and stress. Speaking with an experienced estate attorney can help you decide which path is best for your family to avoid costly mistakes.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[Do disinherited adult children have grounds to contest a will?]]>https://www.mkolsenlaw.com/?p=484202025-05-02T12:36:56Z2025-05-02T12:36:56ZInheritance rights are complex
There are numerous scenarios in which people in Colorado have a statutory right to inherit from an estate. The surviving spouse of an individual who recently died typically has a right to an inheritance. The minor children of an individual who died may also have an interest in an estate even if the decedent did not include their minors in their will. That right stems from a parent's obligation to provide for the basic needs of their children.
Adult children do not automatically have a right of inheritance. They can inherit from an intestate estate if their parent dies without a will. In scenarios where parents omit a child or intentionally disinherit them, adult children need valid grounds to contest a will.
What could lead to a will contest?
Some people create a will early in life and then never revisit their estate plans. In scenarios where the date that the testator drafted the documents predates the birth of a child left without an inheritance, the now-adult child may have grounds to contest the will. They could establish a straightforward claim that their parent unintentionally omitted them by drafting the documents prior to their birth.
Other times, it might be possible to assert that the testator made revisions to their documents at a point in their life where they lacked testamentary capacity. Disinherited adult children can also sometimes establish that their parents experienced undue influence from other family members or caregivers.
Reviewing a will and family circumstances with a skilled legal team can help people determine if they have grounds to initiate probate litigation. Disinherited adult children can sometimes successfully contest the wills of their deceased parents.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[Some simple estate planning steps can minimize family conflict]]>https://www.mkolsenlaw.com/?p=484192025-03-30T22:58:54Z2025-03-30T22:58:54ZDon’t neglect to create an estate plan – and keep it current
If you’re preparing to put your estate plan in place, you’re already taking an important step to avoid family conflict. However, in the upcoming years, changes in your assets, your family and your wishes will likely necessitate modifying your plan from time to time. One advantage of having experienced legal guidance is that your plan can be written in a way that minimizes the need for changes. For example, listing alternate beneficiaries and administrators can prevent having to make changes if someone predeceases you.
Look out for those who may lack maturity and judgment
If you have an adult child who’s less than responsible with money or has an addiction issue, you don’t want them wasting your hard-earned money or using it to harm themselves. You don’t want your family to watch that happen. You can place an inheritance in a trust with conditions. They just have to be valid, like how much they can get at one time or what it can be used on (not whom they can or can’t marry). Be cautious about choosing the trustee. Having a sibling or even a parent hold the strings to an inheritance can cause a rift. You may want to choose someone you trust outside the family.
Don’t be afraid to communicate
If there are any terms that you think will be unpopular or confusing, talk to your loved ones about it now so they understand your reasoning and be confident that it’s your sincere wish. For example, if you’re giving your children unequal inheritances, make sure they know why. Maybe one has been your primary caregiver as you’ve aged. One child may have already received more financial help than the others. Don’t expect your spouse or one of your children to explain it to anyone who is getting less.
With sound estate planning guidance and careful thought, you can create an estate plan that will save your loved ones unnecessary conflict and pain after you’re gone.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[3 types of taxes that may be due during estate administration]]>https://www.mkolsenlaw.com/?p=484182025-03-01T17:13:54Z2025-03-01T17:13:54ZThe testator's final income taxes
Frequently, there may be an outstanding income tax obligation owed by the decedent. The personal representative of their estate typically needs to file an income tax return on behalf of the deceased individual. This is true even if the decedent had no significant income in the years prior to their passing. Paying any amount due is a key obligation that the personal representative may need to fulfill before they begin distributing resources to beneficiaries.
Income taxes for the estate
Frequently, people leave instructions for the sale of certain property after their passing. People recognize that their loved ones may not want their collectible figurines or housewares. By holding an estate sale, they can convert unwanted property into liquid capital that beneficiaries can inherit. If an estate sale generates $600 or more in proceeds, the personal representative has to file an income tax return on behalf of the estate.
Estate taxes
Colorado does not collect an estate tax at the state level. If the estate is large enough, then federal estate taxes still apply. If the estate contains property with a total value of $13.99 million or more, then the personal representative may have to use estate resources to cover federal state taxes. The tax rate can be anywhere from 18 to 40% depending on the total value of the estate. Filing necessary income tax returns and retaining resources to cover tax obligations are both important aspects of the probate process.
Identifying potential financial obligations early can help personal representatives avoid estate administration errors that could have significant financial implications. Those overseeing estate administration often require guidance to ensure that they fulfill all of their responsibilities without any mistakes that could inspire financial liability.]]>On Behalf of Olsen & Mahoney, LLP<![CDATA[3 medical conditions that could affect testamentary capacity]]>https://www.mkolsenlaw.com/?p=483992025-02-02T21:13:15Z2025-02-02T21:13:15Z1. Dementia and related conditions
People can develop medical challenges that affect their ability to understand the world around them. Dementia is a debilitating condition that renders a person incapable of understanding their situation and acting in their own best interests. Alzheimer's disease and other conditions that cause dementia could provide the necessary justification to contest an estate plan.
2. Severe mental health challenges
There are several kinds of mental health issues that prevent people from acting in their own best interests. There are also mental health conditions that affect people's ability to understand their actions and the consequences of their choices.
If there is documentation of a testator having a serious mental health disorder at the time that they established their estate plan, that could lead to the courts setting a will or other documents aside because of their lack of capacity.
3. Traumatic brain injuries
People can injure their brains in a variety of ways. Falls, car crashes and even interpersonal violence can lead to injuries that permanently damage the brain.
Those with moderate to severe traumatic brain injuries may experience cognitive symptoms that diminish their capacity. If they cannot understand the impact their documents could have, remember what assets they own or name their beneficiaries, they may not be in a position to draft an estate plan.
Reviewing medical records and determining the date of the testator's diagnosis, as well as when they created their estate plan, can help people determine if they have grounds to contest a will. Pursuing probate litigation may help people invalidate documents that a testator drafted when they lacked the ability to understand their circumstances.]]>