The purpose of a will is to ensure that the assets belonging to a deceased individual are distributed according to their best wishes. After death, property like real estate, personal belongings, and bank accounts are distributed among family members and loved ones named in the deceased’s will. If an individual passes away in Denver without leaving a valid will, Colorado law follows intestate succession laws that distribute assets to the closest surviving relatives.
When a family member or loved one believes that the will does not reflect the true preferences of the deceased, they may be inclined to contest the will. Whether there were procedural issues when creating the will or you are questioning the validity of a will, you may be able to take legal action. Here are some of the most common reasons that we see a will contest in Denver:
- Undue Influence: One of the most common reasons we see wills contested in Denver. When an older or more vulnerable individual is pressured into making significant changes to their will that do not express their true intentions, it is known as undue influence. Oftentimes it involves a close family member or caregiver aiming to secure a more favorable share of the estate.
- Fraud: If a will was forged or was created under fraudulent pretenses, it is grounds for a will contest. When it comes to creating a will, fraudulent activity may include misleading or deceiving the testator, or the creator of the will, in any way that undermines the integrity of the will. The person committing the fraud will likely lie about important information that influences the distribution of assets.
- Lack of Mental Capacity: If the testator does not have the mental capacity to understand the implications of their actions, it could be grounds for a will contest. Those creating a will who are suffering from dementia, Alzheimer’s, or any other mental issue affecting their cognitive ability may not be fully aware of the nature of their actions.
- Legal Noncompliance: In order for a will to be valid in the state of Colorado, it must meet specific legal requirements. A valid will must be properly signed and witnessed, or else it faces the risk of being declared invalid.
These are just a few of the common reasons that wills are contested in Denver. A family member who was suddenly and unexpectedly disinherited may have suspicions of undue influence. Changes to the will shortly before the testator’s death may raise questions. When multiple versions of a will exist, it may create some confusion about which one is valid.
Our team has seen it all. Whatever your reason for wanting to contest, we strongly encourage you to speak with one of our will contest attorneys to see if you have the grounds to take legal action. Our lawyers are here to support you every step of the way and make sure that you receive your fair share.
Who Can Contest a Will?
After an individual passes, there may be some turmoil and confusion about how their assets were distributed. Wills are most often challenged by heirs or beneficiaries and those with a direct interest in the outcome. In Denver, the following list of people are able to contest a will:
- Beneficiaries: Heirs and beneficiaries who were specifically named in the will are able to contest the will if they wish. This can include individuals or organizations who were named to receive something from the estate but believe that the will does not reflect the wishes of the deceased.
- Heirs-at-law: Heirs who would have inherited if no will existed at all (spouses, children, parents) may choose to contest the will if they believe the estate was unfairly distributed or if they were disinherited.
- Other Disinherited Parties: Any heir or beneficiary who has been disinherited in a will may have legal grounds to contest. Beneficiaries who were suddenly removed from the will may suspect undue influence or fraud.
For those in Denver who are interested in contesting a will, it is important to remember that Colorado has strict deadlines for filing a will contest. Individuals looking to challenge a will generally have a six-month time frame to file from the date the will is admitted to probate. It is also important to remember that you will only be able to contest a will if you have solid legal grounds.
If you suspect fraud, forgery, lack of capacity, or undue influence, you have legal standing to challenge the validity of the will. Consult with an experienced will contest attorney at Evans Case to pursue your case. Our team has the experience and knowledge to help you fight for your share of the estate and ensure a fair distribution of assets.
What Makes a Will Valid in Denver?
Even if a will is valid in Denver, it may still end up being contested. Valid wills are still subject to fraud, forgery, undue influence, and more. A valid will does not mean that it cannot be contested; it simply means that it meets all the legal requirements and has been signed and witnessed. However, having a valid will is important for ensuring that all assets are properly distributed and avoiding disputes within the family.
In order for a will to be considered valid in Denver, there are some key requirements that must be met, including:
- Testamentary Capacity: The testator, or the person creating the will, must have the mental capacity to understand the importance of the decisions that they are making. Decisions regarding asset distribution can have a serious impact, which is why the testator must be aware of the significance of their assets. Property, real estate, personal belongings, and debts are not insignificant assets to pass on to other individuals. The testator must be mentally sound and not be suffering from any mental impairment when creating their will or making important decisions.
- Proper Execution: In Denver, a valid will must be signed not only by the testator but also by two witnesses. These witnesses should not be heirs or beneficiaries of the will or stand to gain anything from the contents of the will to ensure that they remain impartial. Wills that are signed without the presence of a witness or that don’t contain any signatures altogether may be declared invalid in court, potentially resulting in family disputes and will contests.
- Age Requirements: In the state of Colorado, an individual must be at least 18 years of age in order to create a will. This is required so that Denver residents are mature enough to understand the implications of their actions.
- Intent: If the testator does not fully understand the nature of the document they are signing, the will’s validity may end up being contested. There must be a clear intention that the testator is creating and signing their will, and they must understand that it is a legally binding document that indicates how they would like their estate to be distributed. Individuals who sign a will under false pretenses or believe they were signing a different document demonstrate a lack of intent, which could be grounds for challenging the will.
Denver also recognizes holographic wills, which are wills that are handwritten by the testator and do not require the presence or signature of a witness. Wills that are drafted without the help of an attorney are oftentimes insufficient, which can lead to legal troubles. In order for a holographic will to be valid in Denver, certain requirements must be met:
- The will must be handwritten in the testator’s own handwriting.
- The testator must sign the document.
- The contents of the will must clearly outline the testator’s intent and preferences to distribute their assets.
Wills that are typed and witnessed by two impartial individuals are often stronger than a holographic will, as the potential for forgery is much greater with holographic wills. Family members and loved ones may decide to challenge the will if they don’t believe the handwriting was that of the deceased.
While holographic wills are an option in Denver, working with a qualified attorney to help you draft a strong, sufficient will is highly recommended. At Evans Case, our attorneys are here to help you draft or contest a will. If there are any concerns about improper execution or undue influence with a loved one’s will, we can help contest or defend the will in court.
Whether you are drafting a brand new will or you are involved in contesting one, consulting with an experienced estate planning attorney at Evans Case can ensure that your legal needs are met. We offer outstanding legal support that helps in determining the validity of wills, challenging wills in court, and providing you with compassionate and committed assistance throughout the entire process.
Role of an Executor During a Will Contest
The executor is the person named in the will who is responsible for managing the estate of the deceased and ensuring the fair distribution of all assets. An executor will manage all affairs relating to the estate and must act in the best interest of the estate and the deceased. However, when a family member or loved one decides to contest the will, the role of the executor changes a little bit. During a will contest, the executor must:
- Administer the Estate: The executor must continue to administer the estate even during a will contest. This means continuing to pay bills and taxes and handling any existing investments.
- Remain Neutral: The executor should not take sides during a will contest. Their role is to follow the terms of the will unless otherwise invalidated by the court. If the executor is also a beneficiary of the will, it is not uncommon for conflicts of interest to arise. If the executor's impartiality is questioned, the court may bring in a neutral third party to act as a neutral administrator.
- Regularly Communicate with Beneficiaries: The executor is responsible for keeping all beneficiaries up to date with current information regarding the will contest. Delays are often caused when a will is challenged, and regularly updating the involved beneficiaries helps prevent further disputes and manage expectations.
- File the Appropriate Court Documents: During a will contest, the probate process becomes even more complicated. Executors are already expected to regularly provide the court with various documents, including:
- An inventory of the estate’s assets
- Accountings of the estate’s finances
- Responses or objections to motions made during the will contest.
The role of an executor is already complicated, though the added responsibilities during a will contest can make the job even more difficult and time-consuming. For assistance managing your estate and ensuring that all paperwork is properly filed with the court, consider working with an estate planning attorney. We understand the added stress that a will contest can add on the probate process, and we are here to help shoulder the burden.
Need Help Contesting a Will? Call Evans Case Today
If you are contesting a will due to undue influence or a lack of testamentary capacity, the attorneys at Evans Case are here to stand by your side. Our attorneys recognize the importance of honoring a will and ensuring the fair distribution of assets. Whether you need legal help contesting or defending a will in court, consult with an attorney at Evans Case today to see how we can make a difference.
Will contests are often complicated and time-consuming endeavors that can result in delayed asset distribution and family disputes. At Evans Case, we have seen just about everything when it comes to contesting a will. Trust the expert attorneys at Evans Case to handle your will contest with compassion and professionalism. Our team is here to help make sure you and your loved ones each receive your fair share of the estate. For more information about how the will contest lawyers at our firm can offer unbeatable legal support, give us a call and schedule a consultation with one of our attorneys today.
