The Law Offices of Bradley J. Frigon can help you navigate complex, contested probate litigation as a family member, or as guardian, conservator, personal representative or trustee. Our probate litigation services include representation in will contests, trust litigation, and fiduciary defense litigation. The issues that can arise in this area of law are often more complex because the person who signed the document is no longer able to shed light on what he or she would have wanted. With our extensive experience in elder law we can help identify issues of capacity, evaluate estate planning documents, and help determine if fiduciaries are acting correctly.
Representation in Will Contests
A will contest is a challenge made in court to the validity of the will. The person challenging the will claims that it was executed under improper circumstances - including fraud, duress, lack of capacity or subject to undue influence. A dispute over the will can arise over any of the issues surrounding a person's death including his or her estate or property rights and even the disposition of his or her remains. Whether you are the Personal Representative or a disinherited heir, you may need experienced attorneys to advocate your position.
Guardianship and Conservatorship Hearings
As is often the case, people have not planned for illness or incapacity by executing powers of attorney and advanced directives. If the person becomes too ill or is no longer competent to manage his or her affairs, and has not completed planning, then a guardianship or conservatorship will be necessary. Our attorneys can help family members, or other interested persons, in securing a guardianship or conservatorship for their loved ones in court. Our expertise in seeking guardianships and conservatorships can also help us defend you in such a proceeding if you believe that it is not appropriate for your situation.
Probate Litigation and Estate Administration Attorney
Representation of the Fiduciary
A fiduciary can be a trustee, personal representative, guardian or conservator who is charged with special duties to care for another person's affairs. The fiduciary is charged with special duties and tasks in executing the will, trust, or protective arrangement. The fiduciary can be a family member, a bank or financial institution, or a trust company. When a friend or relative challenges your actions as a fiduciary, or the wishes of the decedent or incapacitated person, your job becomes more complicated. In addition, Colorado passed new laws in the 2008 session permitting a court to surcharge a fiduciary for a breach or his or her duties and to levy fines and sanctions and require the fiduciary to pay the other side's attorney fees. Our attorneys are ready to assist you in your next steps, including defense in court if required.
Representation of Beneficiaries, Creditors or Disinherited Heirs
If a person owes you or your company money when they die, that debt is passed on to their estate in most cases. However, there are specific procedures, and time limits, that you will have to go through in order to collect what you are owed. As experienced estate administration attorneys we understand these procedures and are ready to help ensure that you receive payment for the obligations you are owed. If you are a beneficiary, disinherited heir or common law spouse you may need help to assert your rights to property of the estate or trust to which you are entitled.
Conclusion
If you are involved in guardianship/conservatorship issues, a will contest, an inheritance dispute, a claim against an estate or trust, or any other issues with estate and trust administration, contact our firm to learn how we can help. Additionally, we offer a complete range of estate planning services including wills, powers of attorney, and advanced directives. Having a will and comprehensive estate plan is the first step toward ensuring that a contest will not arise after your death. Please see our other practice area pages for more information regarding this type of planning.
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Learn more by browsing our probate litigation articles.
Call (720) 200-4025 now or email us to find out how our attorneys can help with your Probate Litigation issues.
Bradley J. Frigon is a Denver Estate Lawyer Firm in Colorado. Our main offerings include: Elder Law Lawyers for protecting assets and an Estate Planning Attorney for all aspects of wills, trusts and estate administration.
Common Tags : Probate Attorney Denver CO, Greenwood Village Estate Lawyer, Centennial Elder Law Attorneys, Last Wills and Testament Arapahoe County, Litigation Lawyers, Living Trust, Administration, Conservatorship, Legal Guardianship, Contest a Will
