Colorado Rights of Heirs & Beneficiaries Attorneys
We Empower Beneficiaries
Over the last 30+ years, we have worked with countless beneficiaries who do not fully understand their rights. This lack of knowledge is detrimental, particularly when heirs are entangled in familial disputes over the distribution of assets or the validity of a will.
The reasons for these disputes vary.
Sometimes, there are allegations of undue influence or lack of capacity or perhaps cryptic language in a will, or you are dealing with an unscrupulous personal representative. Other clients are simply struggling to navigate the complexities of the probate process and need legal assistance to protect their inheritance from creditors or unfounded claims.
This is where the probate team at Jorgensen, Brownell & Pepin, P.C. excels.
We are here to inform you of your rights and uphold them. 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.
Understanding Your Rights: A Quick Guide For Beneficiaries
In Colorado, the court appoints a personal representative to manage the deceased’s estate in the best interests of the beneficiaries. If you are a beneficiary, you should know that you have the right to:
- Receive information about the estate, including details regarding the deceased’s debt, property, and the value of assets. This information is typically provided in an inventory.
- Access a copy of the will (generally filed with the court after death).
- Request an accounting from the personal representative detailing their actions on behalf of the estate. This account should be in writing, and the personal representative generally must provide supporting documentation at the beneficiary’s request.
- Fair and equal treatment. Personal representatives cannot favor one beneficiary over another.
- Efficient and timely management of estate matters. While there is technically no time limit for closing an estate, a personal representative who delays the distribution of assets without good reason is not fulfilling their duty.
Contact us immediately if you're a beneficiary and suspect that a personal representative is not acting honestly, mismanaging funds, or failing to uphold their duties. We will step in and ensure your rights are upheld.
Why Beneficiaries Turn to Our Probate Attorneys
Here’s what you can expect when you work with our Colorado probate team:
- 40+ Years of Combined Experience: We’ve built a reputation on competence and compassion. Our track record speaks for itself and we encourage you to see what our satisfied clients say about us.
- Custom Legal Solutions: While we believe in upholding Colorado law, we don’t believe one-size-fits-all solutions are the right approach. You are as unique as your case. We will work with you to find a custom solution tailored to your needs and goals.
- A Comprehensive Approach: We understand the nuances of probate. Let us help you navigate the process and ensure personal representatives treat you fairly and uphold their fiduciary duty.
- Compassionate Guidance: Maintaining efficiency is critical, but not at the expense of kindness and compassion. Our team is dedicated to helping clients overcome common probate 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 Colorado 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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