Attorney Group

Denver Probate Litigation Lawyer

The probate process is a necessary but often complex occurrence that individuals must undergo after a loved one’s death. The role of the probate court is to oversee the administration of a decedent’s estate as well as to determine the rights of potential heirs and beneficiaries.

As such, it is understandable that the probate process can be the source of legal conflict. Parties may argue about their rights under a will, whether a will is valid, if a personal representative acted within the limits of the law, or whether a named heir can directly inherit. If you believe that you have rights are at risk during this process, reach out to a Denver probate litigation lawyer today. Our attorney could evaluate your case, determine what steps to take, and represent your interests in and out of court.

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Practice Areas

Common Issues that Arise During the Probate Process

Probate is the process whereby a court ensures that a decedent’s estate comes to a proper conclusion. This can include determining the validity of a testamentary document, empowering and evaluating a personal representative, and applying the state’s laws concerning intestacy. Any of these areas of concern could lead to potential litigation. For example, Colorado Revised Statute § 15-12-703 states that personal representatives have a general duty to administer to an estate with good faith and competence. Heirs who believe that a representative has failed in this duty can sue that representative for the value lost in the estate.

The other most common issue that arises during probate concerns the authenticity of a will. State law strictly defines what constitutes a valid will, and any interested party may contest its validity. Typical arguments to this end include:

  • Whether a will was the product of fraud or duress
  • The will before the court is not the most recent example
  • The will fails to meet the legal requirements for proper formatting

A Denver attorney could help someone through probate litigation if they are experiencing any kind of legal dispute during this process.

Options for Settlement and Probate Litigation

While it is entirely possible that a probate dispute could lead to litigation, the fact is that a beneficial outcome is possible without taking the drastic step of going to court. Typically, probate disputes are civil disagreements where parties may be able to reach a settlement on their own. For example, potential heirs fighting over the inheritance of a decedent’s property may be able to reach an agreement by coming to a compromise over the disputed asset. A lawyer could represent an individual’s interests in settlement talks before a case goes to court.

Of course, an attorney may also be able to help if litigation becomes necessary. Filing a case in court requires both an understanding of the court’s procedures and the relevant laws. A lawyer in Denver could help an individual with the probate litigation process by properly filing the case with the court, presenting evidence, and making arguments that support a person’s legal rights to an estate’s assets.

Meet Our Team

Based in Denver, Colorado, Reynolds Gillette LLC is a litigation and trial law firm handling lawsuits throughout the State of Colorado.  We successfully resolve our clients’ most contentious legal disputes.  We represent beneficiaries of trusts and estates, protected persons, and professional fiduciaries in contested probate, trust, and estate litigation.  We help individual and institutional victims of financial fraud to recover their lost money in fraud litigation.  And we represent creditors in judgment enforcement actions to collect money from debtors.

Litigation is an extremely difficult process if you do not have the right attorneys guiding you.  Determining the correct litigation strategy often means the difference between winning and losing your case.  We litigate cases effectively and efficiently, and we work collaboratively with our clients to craft customized solutions to achieve each client’s specific goals.  Trial lawyers at heart, we are experienced in taking cases to trial and in winning trial verdicts and arbitration awards for our clients.  If you or a loved one is at risk of suffering financial harm, whether due to a probate or trust dispute, a financial fraud, or an uncollected judgment, please contact one of our Denver litigation attorneys to schedule a free case evaluation to see if we can help you or refer you to somebody who can.

Contact a Denver Probate Litigation Attorney Today

There are few, if any, experiences any of us will deal with in life more challenging than the death of a loved one.  These times can become even more difficult when there are disputes over an inheritance, the validity of a will, the interpretation of a trust, or the actions of a fiduciary.  These disputes often involve complicated legal issues, and these disputes are almost always extremely stressful and emotionally fraught for the parties involved.

The probate process will determine your property rights concerning an estate for the foreseeable future. It is essential that you understand your rights and take the necessary steps to ensure that a court recognizes them. If you have reached an impasse concerning those rights in relation to other parties, you may need the help of a Denver probate litigation lawyer.

A trust and estate litigator, assists heirs, beneficiaries, protected persons, personal representatives, and trustees in navigating the probate litigation process.  If you are an heir or beneficiary and have been refused your inheritance, or if you are a personal representative or trustee whose actions in administering an estate or trust or being questioned, you should immediately contact an experienced trust and estate litigator to discuss how to best protect your personal and financial interests.  The probate litigation attorneys at Reynolds Gillette LLC have decades of experience handling will contests, trust disputes, and cases involving allegations of fiduciary misconduct.

Reynolds Gillette LLC

Reynolds Gillette LLC