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.
Whether your dispute is about a gift transfer, ownership claims between a trust and an estate, or beneficiary designations, our team is here to help you and your family handle these disputes with confidence and achieve a fair resolution.
Ownership disputes often disrupt the administration of an estate and can prolong the probate process. When this happens, assets may become tied up in court, and beneficiaries are left unsure of how to move forward. Our goal is to help Denver families resolve these disputes as quickly and efficiently as possible to ensure that the deceased’s wishes are honored and each beneficiary receives their fair share of the estate.
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.
Undue influence plays a large factor when it comes to disputes over gift transfers. Undue influence is when a person in a vulnerable state, such as an elderly or ill individual, is pressured into transferring an asset to a beneficiary. Families who suspect undue influence will often aim to challenge the transfer.
For example, if a caregiver convinces an elderly person to transfer property or money under false pretenses, family members and beneficiaries may question the validity of the transfer. Allegations of undue influence often lead to court battles where each party is given the chance to plead their case.
A lack of proper documentation is also grounds for an ownership dispute. When transferring a gift, the individual must be completely aware of the implications of their actions. There must be clear evidence that the gift was intentionally transferred. This could be proved with written documentation or by witnesses who were present at the time of the transfer.
If no documentation or evidence exists, it is likely to result in a dispute. Other heirs and beneficiaries may claim that the deceased did not intend for the asset to be gifted and that it should be returned to the estate for proper 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.
When there is uncertainty about which assets should be part of the trust and which should remain in the decedent’s estate, it can lead to ownership disputes. The main causes for this uncertainty are:
- Improperly funded trusts
- Conflicting legal documents
An improperly funded trust is often a cause for a dispute. In order for a trust to be effective, the assets must be legally transferred into the trust during the grantor’s lifetime. Otherwise, the assets will remain a part of the estate and will be subject to probate.
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.
The
Denver attorneys at Evans Case are here to assist clients in resolving asset ownership disputes between a trust and an estate. Our team can carefully review all wills, trusts, and asset transfer records to determine proper ownership. We help clients resolve these disputes fairly and make sure that the deceased’s best wishes are honored.
Undue Influence, Fraud, or Duress in Transfers
There are a number of different reasons why a dispute may arise between family members and beneficiaries. If family members believe that a transfer was made due to undue influence, fraud, or duress, it very likely could end in an ownership dispute. These situations are particularly common among elderly, ill, or otherwise vulnerable people. Heirs may argue that the deceased was coerced or manipulated into transferring assets in a way that does not reflect their true intentions.
Undue Influence
Undue influence is when a person in a position of power pressures an individual into transferring certain assets for their own benefit. The influencer could be a caregiver, close relative, or maybe a financial advisor who manipulates the elderly or vulnerable individual into changing their
will or trust. They may mislead the individual into transferring property or making financial gifts that disproportionately benefit themselves.
Proving undue influence requires demonstrating that the deceased was dependent on the person influencing their decisions and that the transfer was not made according to their wishes.
Fraud
When an individual is deliberately deceived into transferring certain assets that disproportionately favor one beneficiary over the others, it may constitute fraud. Whether somebody is misrepresenting important facts, forging documents, or providing false information about the deceased’s estate, any attempt to intentionally mislead someone into wrongly transferring assets can be considered fraud. If you are able to prove fraud during an ownership dispute, the transaction can be reversed and the assets can be returned to the estate.
Duress
Duress is the use of threats or coercion in order to force the decedent into transferring assets. This may include physical threats, manipulation, or financial blackmail. Similarly to undue influence, proving duress requires showing that the decedent did not voluntarily consent to the transfer. If an individual was under duress while transferring assets or making updates to their will, the transaction can be undone.
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.
A common argument is whether the joint account was intended to be held as true joint ownership or whether it was merely a matter of convenience. One party may be listed as a joint owner solely for the purpose of managing the account on behalf of the deceased with no intention of granting full ownership rights.
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.
If a piece of real estate was jointly owned by the deceased and a surviving spouse or child, other family members may challenge the automatic transfer of ownership. They may also try to contest that the joint ownership was established under duress or without proper understanding.
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.
