Denver Asset Ownership Dispute Attorneys

Asset ownership disputes can create significant challenges for heirs, beneficiaries, and administrators, often straining relationships and complicating the estate administration process. When a family member or loved one passes away, disputes over asset ownership may arise, particularly if the will does not clearly designate beneficiaries or if someone contests the will. Such disputes can lead to tension and confusion during an already emotional time.

The more family members or beneficiaries involved, the more intricate and emotionally charged these disputes can become. For example, in cases of Out-of-State Probate, navigating asset ownership can be even more challenging due to varying state laws. Similarly, if a Will Contest arises, our team is prepared to advocate on your behalf, protecting your rights and working toward a resolution that honors the intentions of the deceased. Additionally, tools like a Qualified Personal Residence Trust can be invaluable in avoiding future disputes by clearly defining the ownership and transfer of significant assets.

At Evans Case, we understand the complexities of asset ownership disputes and are committed to providing the compassionate and effective legal support you need. Whether you are facing a will contest, managing an out-of-state probate, or considering a Special Needs Trust to provide for a loved one, our attorneys are here to guide you through the process with care and expertise. Contact us today to learn how we can help protect your interests and bring resolution to challenging estate matters.

Evans Case has a qualified group of estate planning attorneys who have an extensive background in resolving asset ownership disputes. Our attorneys understand both the emotional and financial burden that these disputes can have on families, especially while dealing with the death of a loved one.

Disputes Over Gift Transfers

A gift transfer is when somebody gifts an asset to another person, usually a family member, while they are still alive. Gift transfers are a common source of conflict in estate planning. Some of the most common reasons for disputes regarding gift transfers include:

Undue Influence
Fraud
Lack of proper documentation

When somebody gives the gift to another person, they relinquish all rights to that specific asset, meaning it is no longer considered a part of their estate. Family members or heirs may argue that the transfer was not legitimate and that the asset should still be included in the estate for distribution.

Our Denver attorneys work with clients to resolve disputes over gift transfers by examining the intent and legitimacy of the transfer and addressing any allegations of undue influence or fraud. It is our goal to honor the intentions of the deceased and ensure that all heirs receive their rightful share of the estate.

Contested Ownership Between a Trust and Decedent’s Estate

Disputes may also arise over what assets belong to a trust and what belongs to the deceased’s estate. A trust is a legal arrangement that allows an individual to hold and manage assets for the benefit of a beneficiary. Assets that are placed into a trust do not need to go through probate because they are considered separate from the estate.

Some beneficiaries may argue that the deceased meant to transfer certain assets into the trust, while others may claim that since the assets were never legally transferred, they should remain a part of the estate.

Conflicting legal documents can also lead to contested ownership claims.

For example, if the deceased’s will and trust contradict each other, beneficiaries may dispute which document should take precedence. If there are assets that are listed in both the will and the trust, it could result in legal challenges over who the rightful beneficiary should be.

At Evans Case, we handle cases involving undue influence, fraud, and duress with the utmost compassion and expertise. Our Denver attorneys work to gather witness testimonies, medical records, and financial documents that will help build a strong case and ensure that the deceased’s assets are properly distributed.

We are able to represent family members challenging a transfer or those who are defending against a dispute. Our goal is to help Denver families reach a fair and favorable outcome.

Survivorship Rights of Spouses and Children

When someone passes away, the surviving spouse or children will typically inherit jointly held assets like property, bank accounts, or vehicles. In many cases, these assets do not need to go through probate and will be passed onto the surviving co-owner upon the death of the other owner. However, it is not uncommon for heirs and family members to challenge the surviving co-owner’s claim to the assets.

After the decedent’s death, other heirs may argue that the surviving co-owner was only meant to assist with certain responsibilities and that the asset should be divided among all heirs rather than being left in their sole possession.

Evans Case proudly represents clients in disputes over survivorship rights in order to determine legal ownership of jointly held assets and resolve conflicts among heirs. Our Denver attorneys work to gather account records, property deeds, and witness statements, that assist in clarifying the true intent behind the joint ownership and ensure that the decedent’s wishes are honored.

Contested Beneficiary Designations

A beneficiary designation on life insurance policies, annuities, and retirement accounts allows individuals to designate who will receive the funds upon their death. This will often bypass the need for probate as well.

However, it can become a source of great conflict when family members challenge the validity or accuracy of the beneficiary designation. Contested designations typically occur when beneficiaries believe the designation was either outdated, made under undue influence, or does not reflect the decedent’s true wishes.

For instance, if a decedent listed a former spouse as the beneficiary on a retirement account but later remarries, the new spouse or children from the new marriage may contest the designation. They may argue that the decedent’s failure to update the paperwork does not reflect their true intentions. This can create significant tension between family members and may require the court’s intervention to resolve.

In cases of undue influence or fraud, family members may argue that the decedent was manipulated or coerced into changing the beneficiary designation in favor of one person over others. This is common when the decedent is elderly, ill, or otherwise vulnerable.

Proving undue influence in these cases requires demonstrating that the decedent did not act freely and that the beneficiary designation was altered as a result of external pressure or manipulation.

For example, the decedent may have intended to name a specific individual as the beneficiary but failed to complete the necessary paperwork, leaving the designation ambiguous or open to interpretation. When this happens, family members or heirs may seek to have the designation either corrected or invalidated.

We represent clients in disputes over contested beneficiary designations on life insurance policies, retirement accounts, and annuities. Our Denver attorneys carefully examine the circumstances surrounding the designation, gather evidence of the decedent’s intent, and provide exceptional legal representation in court when necessary.

Call Evans Case Today

At Evans Case, we understand the importance of resolving these disputes efficiently and fairly. Our experienced Denver attorneys are dedicated to protecting our clients’ interests, whether they are beneficiaries, heirs, or trustees. We help our clients handle the challenges that come with estate and probate law while working to ensure that the decedent’s wishes are respected.

If you are involved in an asset ownership dispute or believe you may have a legal claim regarding estate ownership matters, contact Evans Case today. Our attorneys are here to help you understand your rights, explore your legal options, and work toward a resolution that works best for you and your family.