Colorado Probate Litigation Attorneys Help You Settle Estates Fairly

Longmont law firm represents clients in will contests and challenges

The loss of a loved one can be one of the most difficult times in your life. Matters can be made even more difficult, however, when an issue arises with their will or there is no will at all. When probate requires litigation, it is important to be represented by an attorney with experience. At the Northern Colorado law firm of Flanders, Elsberg, Herber & Dunn, LLC, we can help you settle your loved one’s estate by guiding you through the probate process and handling all probate litigation matters on your behalf. Our firm has been helping clients in Boulder and Weld counties find solutions to legal challenges since 1871. Whether you are facing intestacy disputes, challenging the validity of a will, or seeking to uphold a will’s validity after it has been challenged, our attorneys provide the advice and representation to help you in your time of need.

Why would probate require litigation?

People create wills with the intent of specifying exactly how they want their assets divided once they have died. When a will is drafted with the help of an experienced estate planning attorney, it can achieve those goals. Along with trusts and other estate planning instruments that direct how a person’s assets are to be distributed, a well-written will allows you to finalize an estate and move forward. Wills are powerful tools, but they don’t work automatically — they must be validated through a court process called probate. This process is subject to challenges, personal injury lawsuits and other litigation, especially when the will is unclear. While many attorneys only handle probate administration, our firm also represents clients during probate litigation. In addition to working with our own probate administration clients, we accept referrals from other firms who are not prepared to enter into litigation.

Will contests and probate litigation in Boulder County and Northern Colorado

Someone who wishes to challenge a will must be an interested party — the validity or invalidity of the will must directly affect them. If there is no will, then the challenger must be an heir with some interest in the estate. When a will is contested, formal court proceedings may be required, and these filings and proceedings are known as probate litigation. Common reasons for challenging a will include:

• Undue influence. When someone such as a caretaker, a relative or an accountant improperly pressures or coerces the person writing the will (the testator), the will or certain provisions may be held to be invalid or fraudulent.
• Lack of witnesses. In order to create a valid will in Colorado, formalities must be met. Two disinterested witnesses and a notary must witness the signing of any will.
• Lack of testamentary capacity. For a will to be valid at the time it is created, the testator must have sufficient mental capacity to be able to understand what he is doing, who his family is, and what his assets include.

Our attorneys represent all parties in will contests, including beneficiaries and disinherited heirs as well as fiduciaries such as trustees, personal representatives, conservators and guardians. We also handle probate litigation involving powers of attorney. We help our clients through probate administration from start to finish and are prepared to handle any litigation matters that arise.

Contact an established Colorado law firm for help settling a loved one’s estate

If problems or challenges arise during the probate of a loved one’s estate, you should seek the assistance of an experienced attorney to make sure that the wishes of your loved one are carried out fairly and fully. From our office in Longmont, the attorneys of Flanders, Elsberg, Herber & Dunn, LLC, represent all sides in will contests and probate litigation in Boulder County and throughout Northern Colorado. For a consultation with an experienced probate attorney, contact us online or call us at 303.569.6513.