Common Issues in Probate Litigation
The probate process isn’t always a challenge if estates are simple and a will is in place that clearly defines beneficiaries and other aspects of the estate. However, in the event that certain issues do arise during the probate process, it’s important to hire an attorney with experience handling probate cases.
Our attorneys handle a variety of probate litigation issues, including:
- A lack of a will
- Contested wills
- Wills that have allegedly undergone unauthorized alterations
- Allegedly hidden assets
- Breach of fiduciary duty
- Disputes around life insurance
It’s important to consult with attorneys who practice Colorado probate law if you believe that a loved one’s final wishes are being neglected or you are being denied inheritance to which you are entitled.
Probate in Colorado Springs
Losing a loved one is never easy and, in many cases, matters are made even more challenging when a will isn’t in place or if an improperly prepared will is contested. Probate in Colorado can be difficult to navigate alone, which is why you need to work with an experienced attorney to help guide you and your family through the complex process during an already difficult time. A reliable attorney can also help ease your mind by assisting with the finalization and administration of an estate, which ensures your rights are protected through each step.
Colorado Probate Law
The legal process that involves proving the validity of a will under Colorado Law is what is referred to as probate. While this may seem like it should be a simple process, probate going through local courts in the state of Colorado often comes with certain complexities and many potential complications.
The probate process will entail identifying all of a deceased individual’s assets, settling all taxes and debts, appraising property, and resolving any pertinent legal issues.
Regardless of your needs, The Gasper Law Group is here to help.
Contesting a Will or Trust
If an individual wishes to contest either a trust or a will, he or she cannot simply do so because of unfavorable terms. However, you are able to contest a will or trust on certain legal grounds, but it is often challenging to prove these reasons. The difficulties of contesting a will or trust make it necessary to have some knowledge of the probate process.
For instance, with the help of an attorney at The Gasper Law Group, you may be able to contest a will under the following circumstances:
- The creator of the will didn’t sign it in accordance with state laws
- Testators lacked testamentary capacity when signing a will, which means they didn’t understand the legal effect of the will
- The will is procured by fraud
- The will is signed under undue influence
In any case, it can be very hard to prove the reasons for contesting trusts and wills, but you’ll be able to build your case with the assistance of an experienced lawyer at The Gasper Law Group.
Colorado Ancillary Probate
If an owner of Colorado real estate dies, a probate administration will be required to transfer the property to either the beneficiaries or the buyer of the estate. If the personal representative appointed for the administration of the probate estate is in another state, the Colorado courts will need to recognize the representative’s authority to transfer Colorado real estate.
Colorado ancillary probate processing entails recognition of the out-of-state representative’s ability to transfer real estate in Colorado.
There are many requirements in place, including a variety of documents that representatives will need to submit to the Colorado probate court if they want to be able to administer Colorado real estate.
Some documentation needed from the original proceeding can include:
- The court order that appointed the representative
- Representative bond requirement documentation
- Court-issued Letters of Administration or Letters Testamentary
- Other documents from the out-of-state court that prove the representative is authorized to act on behalf of the decedent
To ensure that the courts recognize the representative’s authority to act on Colorado real estate, an attorney can assist with filing and other aspects of the ancillary probate process in Colorado.
Set up an initial consultation with our office today. Discuss your case with our Colorado Springs Lawyers at
(719) 212-2448 or complete our contact form.
Types of Probate in Colorado
There are three different kinds of probate which can make estate planning in Colorado Springs more complicated. If you want to pass on your assets, including your real estate holdings, in the manner you designate, you need to have the right representation by your side.
When the death of a loved one occurs, the last thing you want to think about are legal issues, yet dealing with wills and probate is still an integral part of the process. And whether or not the passing was sudden, it is important to understand your responsibilities and know your rights in order to make the right decisions when going into the probate process.
Whether your own estate plan makes use of the residuary estate clause, the lawyers at The Gasper Law Group will help you understand the three distinct types of probate in the state of Colorado and how they might impact you and your family:
-
Probate for small estatesThis simplified form of probate is used for estates that are $50,000 or less in value. In order to qualify as a small estate, the inheritance may not contain any real estate assets. Additionally, the heirs can receive their share of the estate with an affidavit in this type of probate.
-
Informal probateInformal probate is used when the deceased individual died with an uncontested will or if there is no will, as long as the intestacy is clear. Court involvement in an informal probate proceeding is limited, lightening the load on the loved ones left behind.
-
Formal probateThe third and final type of probate is formal probate, used when there is an issue with the will. If one heir challenges the will, for instance, a formal probate proceeding will be used to resolve the disagreement and come to an equitable settlement.
Contact The Gasper Law Group Probate Attorneys
Regardless of your probate needs, The Gasper Law Group is here to help you at any step. Our experienced estate attorneys in Colorado Springs can give you the representation you need to secure a favorable outcome. It’s important to contact us as soon as possible after a loved one has passed and the will has entered the probate process.
Probate Frequently Asked Questions
Talk to Us About Your Estate Planning Needs
At The Gasper Law Group, we are experts at estate planning in the state of Colorado and the Colorado Springs area. We understand the needs of our clients, friends, and neighbors—whatever they may be!
Contact us today to get started on your estate planning or to help with a will, trust, or probate issue.
-
"They answered every call, every email from me in the long process of this probate and they all was very professional"
I really want to Thank Jack, Emily, and Therese for all their hard work taking care of my sister Pamela Bellos’s estate , they answered every call, every email from me in the long process of this probate and they all was very professional
- Karen B. -
"A courteous, respectful, and efficient group"Highly professional team of attorneys and paralegal staff who work hard to reach the best outcomes for their clients. A courteous, respectful, and efficient group in all phases and aspects of due diligence, and discovery with effective preparation of cases entrusted to them. I recommend them highly and without reservation in all areas of the law in which they are eminently qualified.- Salah H.
-
"If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service."Gasper Law Group is great to work with. I recently did Estate Planning and they were awesome. Explained everything thoroughly. Emily, Jack, Therese , Holly, and Emily are all very professional. If you need any Legal advice or assistance reach out to the Gasper Law Group. 5 star service.- Ruby D.
-
"Thank you so much! You helped complete our family and we are forever grateful."Christine, Kris, and Ebony are amazing and compassionate. We enjoyed every interaction. Gasper Law firm keeps appropriate communication and not in excess which keeps our cost low. We are so very grateful. Even if an unexpected turn in our guardianship hearing they remained diligent to ensure things were done in a timely manner. Thank you so much! You helped complete our family and we are forever grateful.- Misty M.
-
"I was absolutely floored with the knowledge and expertise that not only Caryn carries, but the firm as a whole."I, unfortunately, was involved with two separate situations within a few years of each other, which left me in quite a bind both times. I was lucky enough to have Caryn assist me in both cases and was absolutely floored with the knowledge and expertise that not only she carries, but the firm as a whole. One of the best, if not the best lawyers I've ever come across. Extremely nice and very honest. I was able to resolve my situations with minimal impact and continue my life without fear of being held back.- Former Client
-
"They took care of my case in a very timely manner and made it feel like my traffic ticket was their number one and only priority."Caryn Adams, Stacey Sadler and the rest of the team at the Gasper law group are an amazing, courteous, compassionate, and very helpful group of talented individuals. I was in a bind and during my consultation I explained my situation and they went above and beyond my expectations. They took care of my case in a very timely manner and made it feel like my traffic ticket was their number one and only priority. I have never been treated with such respect and compassion. I definitely recommend talking to them about any of your legal needs.- Scott R.
-
"Attentive and supportive"The Gasper Law Group was fantastic. They treated me well and were very open about my situation. The team was attentive and made sure I fully understood everything, supporting me all the way. I would recommend them to anyone for any situation.- Jason E.
-
"If you need legal help use Gasper, ask for Christine I am thankful I did!!!"I don't write many reviews! Gasper Law Group proved to be worthy of my highest recommendation. Everyone at some time will need some legal service, but where to go. I want you to know Gasper Law Group can help you save what you might stand to lose. I really want you to know Christine S. is the finest Family Law Attorney you will find. Christine is experienced, committed to her clients, and will help save what whats most important to you. I would so like the leadership of Gasper Law Group to know how fortunate they are to have a team member of her Caliber. If you need legal help use Gasper, and ask for Christine I am thankful I did!!!- Eric D.
Why Choose The Gasper Law Group?
-
Committed to the Community
-
Helping People First
-
Offering Payment Plans