Will Contest Lawyers in Colorado
We Solve Complex Will Disputes
Are you questioning the validity of a will, suspect undue influence, concerned about lack of capacity or believe your beneficiary rights are being violated by a personal representative? The probate team at Jorgensen, Brownell & Pepin, P.C. is ready to step in and advocate on your behalf.
With over 40 years of combined probate experience, we have helped countless clients manage complex estate and probate matters. Together, we will assess the details of your case and develop a strategic approach that, when necessary and appropriate:
- Challenges the validity of a will
- Raise the capacity of the decedent
- 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!
Contesting a Will Begins With Proving Undue Influence
Many clients turn to our probate team when they suspect a will was created under “undue influence.” That is, under the influence of others, which unfairly impacted decisions related to the distribution of assets to beneficiaries.
It is important to note that proving undue influence requires demonstrating that:
- The influence was strong enough to overpower the testator's decision-making at the time of executing the will
- The influence led the testator to sign a will that they wouldn't have otherwise signed
There are several factors a court will consider when determining whether the testator was unduly influenced, including:
- Motive
- Untraditional disposition
- Opportunity and access
- Relationship between the parties
- Susceptibility
- Ability to resist
A will may also be invalidated if the person who wrote it (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 Colorado contested will attorneys can assist you in determining whether you have a basis to bring an action for undue influence, lack of capacity, fraud or improper execution.
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 Probate Attorneys Today
If you are questioning the validity of a will, suspect undue influence, are concerned about lack of capacity, or believe your beneficiary rights have been violated, contact us immediately. Our Colorado probate attorneys will carefully review the details of your case and determine whether you have a basis to pursue legal action.
Probate Specialties
Get more information about our probate representation
We’ve Helped Others Like You
Get The Help You Need
Get JBP Legal’s experience on your side. Contact us for questions or a consultation.