Loveland Beneficiary Rights Lawyers
We Fight For Beneficiaries’ Rights to Inheritance
Wills containing vague language and errors aren’t just confusing for personal representatives and beneficiaries; they can be a source of contention that erupts into caustic family disputes and costly legal turmoil.
Just as troublesome are instances when personal representatives (those responsible for closing the estate) act with incompetence and negligence or prefer to tend to their own self-interests instead of protecting beneficiaries.
This is why families turn to the experienced legal team at Jorgensen, Brownell & Pepin, P.C.
If a will contains errors or cryptic language, we will help gather substantive information to provide clarity and, if necessary and appropriate, petition the courts for a favorable resolution. When a personal representative violates their duty, we will advocate on your behalf to ensure your rights are protected and that the estate is properly managed.
Whether you need assistance resolving disputes, are struggling to navigate complex legal processes, or are looking for strategic ways to protect your inheritance, you can rely on our experienced team to guide you every step of the way.
Making Sense of Beneficiary Rights: A Quick Guide
As a beneficiary, you should know that personal representatives have a set of legal responsibilities. You must understand them so that you can identify breaches in duty.
Personal representatives are obligated to:
- Initiate the probate process, which includes submitting the will, making an inventory of the deceased’s assets, paying debts and taxes, and distributing assets to the beneficiaries according to the terms of the will.
- Managing the deceased’s assets properly—that means protecting them by maintaining investments, collecting debts, and making decisions about the sale of property or assets.
- Maintaining tax compliance.
- Communicating openly with beneficiaries, keeping them informed about the state of the deceased’s estate.
Keeping the personal representative’s duties in mind, you should know that as a personal representative, you have a right to:
- Receive information about the testator’s property, debt, and asset value.
- Access a copy of the will.
- Receive detailed information regarding the personal representative’s actions.
- Expect fair and equal treatment from the personal representative.
- Demand efficient and timely estate management.
Contact us immediately if you suspect the personal representative is dishonest, mismanaging funds, or failing in their duties.
Our Services: How We Protect Beneficiaries
Overcoming common probate obstacles requires the perfect blend of knowledge, expertise, and compassion. The team at Jorgensen, Brownell & Pepin, P.C. offers exactly that. We offer comprehensive probate solutions in probate matters, including but not limited to:
Reviewing legal documents: We have over 40 years of combined experience in probate and know how to spot red flags when we see them. This is particularly true when it comes to wills, trusts, and other estate planning documents. Rest assured, we will review these documents with a scrupulous eye, ensuring they accurately reflect the wishes of the deceased and comply with Colorado laws.
Listening and advising: We believe in taking a collaborative approach. That begins with having an open conversation where we listen and inform you of your rights. This sets the tone for everything that follows, and we believe that it is one of the most important aspects of our work.
Resolving disputes: Often, beneficiaries are intimidated by personal representatives and outside parties. We aren’t. Whether it is inside or outside of the court, we are prepared to fiercely advocate on your behalf.
Challenging errors: When we see violations, breaches in duty, errors, and incomplete or cryptic language, we take legal action. These are all grounds to challenge the validity of legal documents and fiduciary responsibilities. And we are prepared to hold those responsible for these oversights, whether or not they are deliberate.
Supporting clients with a balanced approach: Maintaining efficiency is critical, but not at the expense of kindness and compassion. Our Loveland probate team is dedicated to helping clients overcome common obstacles with the right balance of strategy and care.
Frequently Asked Questions
Can a beneficiary remove a personal representative?
If a beneficiary believes that a personal representative is not acting honestly, mismanaging funds, or otherwise not fulfilling his or her duties, the beneficiary has the right to petition the court to remove the personal representative and have a different personal representative appointed.
What are the rights of heirs and beneficiaries?
In Colorado, beneficiaries have the right to receive information about the estate, review the will, be treated fairly and equally, and have estate matters handled efficiently and promptly.
What can beneficiaries do if they disagree with the distribution of assets?
They can pursue legal action in court to contest the will or challenge the trustee's decisions. This is typically done when there are valid legal grounds, such as a breach of fiduciary duty or evidence of undue influence, lack of capacity, or fraud influencing the will.
Do heirs have a say in the estate or trust administration process?
While heirs might not directly influence day-to-day decisions, they have the right to be notified about major decisions, contest questionable actions, and receive their inheritance under the will or trust terms.
Our attorneys can represent heirs who wish to assert their rights or challenge administrative decisions, ensuring their voices are heard and their interests protected.
Can beneficiaries challenge the validity of a will or trust?
Beneficiaries can challenge a will or trust if they believe it was created under circumstances such as undue influence, lack of testamentary capacity, or improper execution. These legal grounds for contesting must be pursued promptly and in accordance with established legal protocols.
Are Your Beneficiary Rights Being Violated? Contact Us.
With over three decades of experience, our skilled Loveland probate lawyers have what it takes to uphold your rights. Whether you need to remove or appoint a trustee or are entangled in familial disputes over the distribution of assets or the validity of a will, we can assist. Contact us today!
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