Will Contest Attorneys in Denver
Simplifying Complex Will Disputes Since 1989
If you are a beneficiary and have suspicions about the validity of a will—whether because it contains questionable language or was drafted under pressure from outside influence—contact our legal team immediately.
Over the last three decades, our probate team has helped countless heirs and beneficiaries overcome complex legal obstacles and secure their rightful inheritance. While your suspicions of undue influence may be accurate, Colorado courts require evidence to support claims related to the validity of a will. This is where our team excels. We will work with you to gather the appropriate documentation and medical and financial records, and, if appropriate, build a strong case that:
- Challenges the validity of a will
- Contests undue influence
- Addresses violations of your beneficiary rights
Rest assured, we will guide you through the process and help you overcome legal obstacles with competence and compassion. Contact us immediately!
Building Your Case: Proving Undue Influence
Beneficiaries often reach out to our legal team because they suspect a will was created under the influence of an outside party seeking personal gain—an unfortunate event commonly known as “undue influence.”
While our clients’ instincts are often correct, proving undue influence requires demonstrating that this outside influence:
- Overpowered the testator's (the person who created the will) decision-making
- Led the testator to sign a will they wouldn't otherwise have signed
There are several factors a court will consider when determining whether the testator was unduly influenced, including:
- Motive
- Unusual or suspicious asset distribution
- Whether time and circumstance allowed the testator to be unduly influenced
- Relationship between the parties
- The health, age, and mental capacity of the testator
- The testator’s ability to resist undue influence
A will may also be invalidated if the testator did not:
- Understand the nature and extent of their property
- Know the people they want to benefit from their estate
- Understand how they wanted their property to be distributed
At Jorgensen, Brownell & Pepin, P.C., our Denver contested will attorneys can assist you in determining whether you have a basis to bring an action for undue influence.
Why Clients Choose Jorgensen, Brownell & Pepin, P.C.
There are many reasons Denver families turn to the family law team at Jorgensen, Brownell & Pepin, P.C., especially when navigating undue influence cases. Our experienced attorneys offer:
- 40+ Years of Experience: We’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our clients say about us.
- Custom Legal Solutions: We don’t believe in one-size-fits-all solutions, especially when handling probate cases. Rest assured, we will work with you to find a custom solution tailored to your unique needs.
- A Comprehensive Approach: Our Denver team has deep knowledge of all matters related to probate. Let us ensure you are treated fairly and receive your rightful inheritance.
- Compassionate Guidance: We believe in efficiency, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome burdensome probate processes with care and concern.
Frequently Asked Questions
When can a will be contested?
A will can be contested for several reasons, including allegations of undue influence, lack of testamentary capacity, fraud, or if the will was not executed properly according to state laws. It's essential to have substantial evidence when contesting a will based on these grounds.
Who is eligible to contest a will?
Typically, only interested parties have standing to contest. These may include:
- Beneficiaries named in the will
- Those who would inherit under state law if there was no will (intestate heirs)
- Beneficiaries of a prior will
Our attorneys can help determine if you have the standing to contest a will and guide you through the initial steps of the process.
How long do I have to contest a will?
This typically ranges from a few months to a few years from the date the will is admitted to probate. Our legal team can advise you on the specific deadlines in your jurisdiction to ensure any challenge is filed timely.
What is the process for contesting a will?
In general, contesting involves filing a petition in probate court, stating the grounds for the challenge, and going through a court process that may include presenting evidence, witness testimony, and legal arguments. Our attorneys can navigate you through the court procedures, helping to compile evidence and build a strong case.
What are the potential outcomes of a will contest?
Outcomes may range from the court upholding the will as is, to invalidating the entire will or certain provisions—which might result in an earlier will being enforced or the estate being distributed under Colorado intestacy laws. In some cases, the parties may reach a settlement before the court makes a decision.
Protect Your Rights: Consult Our Denver Probate Attorneys
If you are questioning the validity of a will, suspect undue influence, or believe your beneficiary rights have been violated, contact us immediately. Our Denver probate attorneys will carefully review the details of your case and determine whether you have a basis to pursue legal action.
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