Glatstein & O’Brien LLP — Denver, Colorado
Contesting a will may require the probate court to address issues such as diminished capacity and/or undue influence. Once a will is admitted to probate, issues regarding alleged breach of fiduciary duty, or other forms of impropriety, as well as beneficiary rights may need to be resolved before probate can be completed and the estate closed. If these are not resolved, then extended probate litigation could result.
If you have been appointed as an executor or named as a beneficiary in someone’s will — contact an experienced attorney at Glatstein & O’Brien LLP.
Challenging or Defending the Validity of a Will
Our firm handles contested wills for people in Colorado and throughout the United States. When the validity of a will is suspect, it is important to open probate formally. When probate is opened formally, all beneficiaries under the will receive formal notice of the probate. All parties who wish to challenge the will’s validity must do so at this point or waive their rights to later challenge the will. A probate, informally opened, subjects the will to challenges throughout the probate process.
Some of the main issues the court must resolve before a will can be probated and the estate administration takes place include:
- Lack of Testamentary Capacity: An individual lacks the necessary testamentary capacity to execute a valid will if they fail to understand that they are creating a will, do not know the nature of their assets, or do not know their family members.
- Undue Influence: Undue influence occurs where an individual improperly uses power or trust placed in them by a person in a way that deprives that person of free will and substitutes the other’s objective. If there is a confidential relationship, there is a presumption of undue influence, but that presumption can be rebutted.
- Formalities Observed: If a will is not signed or witnessed in accordance with Colorado state law, it is susceptible to challenge.
- Other reasons: Issues in regard to revocation, duress, mistake, forgery, and misrepresentation may require resolution before the court probates a will.
Call 303-731-3986 to schedule a initial consultation.
We endeavor to communicate with out-of-state clients in writing, by phone and fax, by e-mail, and by using overnight delivery services when necessary. We use the most cost effective means to communicate with our clients in light of any time constraints we are under. Our goal is that our out-of-state clients do not have to come to Colorado unless they wish to do so or a hearing is held at which they must appear personally. It is possible to request that a party be allowed to appear at hearings by telephone, and we do so frequently.
For answers to your questions about contested wills and your interests as a beneficiary or fiduciary — call our Denver, Colorado, offices directly or complete the brief intake form located on the Contact Us page of this Web site.
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