Contested Wills in Englewood, Colorado

Find the right Contested Wills attorney in Englewood, CO

In Englewood, Colorado, there is a procedure through which a person can challenge the validity of a will. This is known as a "contested will" or "will contest."

There are many reasons why a person might want to contest a will made by a close family member. Sometimes, people will decide to leave money or property to charity, or to other entities who are not closely related. If their family members weren't expecting this, they might assume that something went wrong with the drafting of the will.

If a large amount of money or property is being given away, the person left out of the will could reasonably conclude that the cost and time of a court challenge is worth it.

However, this is a matter that should not be approached lightly - will contests can often foster strife and infighting within families who are already mourning the loss of a loved one. This can permanently damage or alter family relationships.

When Can a Will be Contested in Englewood, Colorado?

A court in Englewood, Colorado will not entertain a will contest unless there is a very good reason to do so. However, there are some allegations which, if proven, clearly invalidate a will.

For example, a will which was not made under the testator's own volition and free will is not valid. This means that the testator must be acting voluntarily throughout the entire process of making his will. Therefore, a will made under duress (force, or threat of force) will not be given effect. In order to show duress, you generally need to first prove that the person named in the will was in a position of trust and power over the decedent, and that they are an "unnatural beneficiary" (someone who you would not normally expect to receive a gift under a will, usually because they are not related to, or close friends with, the testator). These facts, taken alone, are never enough to definitively prove that duress occurred. They are, however, usually enough to suggest that something strange is going on, and warrant further investigation.

Another reason why a will might be invalid is the maker of the will being mentally incompetent at the time the will was made. In order to make a valid will, the person making it must have enough of his or her mental faculties to understand what they're doing, and the consequences of it.

If an Englewood, Colorado will is successfully challenged and therefore invalidated, there has to be some system for orderly distribution of the decedent's property. Usually, if a will is held invalid, all of the property will be treated as if the decedent had never written or will. This means that it goes to the decedent's closest living relative, or, if there are not relatives who can be located, the state.

Can a Englewood, Colorado Contested Will Attorney Help?

Because this can involve complicated legal issues, and be very emotionally draining, this is not something you want to go at alone. A good lawyer in Englewood, Colorado can be very helpful in making sure that this process goes as smoothly as possible.

Talk to a Wills, Trusts & Estates Law Attorney now!

Life in Englewood

Englewood, Colorado is a community in Arapahoe County, Colorado. It is a home-rule municipality, and has a population of about 33,000 people.

Englewood, Colorado is part of the Denver metropolitan area, and the robust economy of Denver and other larger cities nearby provides the basis for the economy and job market in Englewood.

The Denver area has in recent years become a major hub for the technology industry, with many high-tech companies having large offices there. This industry provides a major boost for the Englewood, Colorado job market.

These tech companies employ a large number of professionals in a wide variety of fields, including several Englewood, Colorado lawyers.

If you live in Englewood, Colorado and are in need of legal advice, chances are very good that there is an Englewood, California attorney who can help you with whatever legal issue you might face.

Clients Rate LegalMatch Attorneys
(click to read reviews)

Regel B.
Regel B.

Wills, Trusts and Estates

Caldwell, LA

Brad M.
Brad M.

Wills, Trusts and Estates

Sussex, NJ

David L.
David L.

Wills, Trusts and Estates

Ashland, OH