Contested Wills in Boulder, Colorado

Find the right Contested Wills attorney in Boulder, CO

In Boulder, Colorado, there is a process through which a person can challenge the validity of a will. This is recognized as a "contested will" or "will contest."

There are numerous 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 massive amount of money or property is being given away, the person left out of the will could rationally conclude that the cost and time of a court challenge is worth it.

Nonetheless, this is a matter that should not be approached lightly - will contests can commonly 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 Boulder, Colorado?

Of course, a Boulder, Colorado court will not invalidate a will without a very good reason, but there are some instances which render a will clearly invalid.

For instance, a will obtained through duress (a threat of harm, normally physical) is invalid. Of course, duress is very difficult to prove after the fact, and the issue may not even come up until many years after it allegedly occurred, making proof even more difficult. Nonetheless, if the named beneficiary was in some type of position of power or trust with respect to the decedent, and is not someone who one would normally expect to get a large gift in a will (they're unrelated to the testator, for example), those facts alone might be enough to raise the suspicion of impropriety. Of course, those facts by themselves are not enough to prove duress.

Another fact that might invalidate a will is the mental incompetence of the testator. Wills must be a product of a person's volition. A will cannot be honestly voluntary unless the testator knows what they're doing. Therefore, if the testator is mentally incompetent at the time he or she makes the will, the will cannot take effect. You should be aware, however, that this test applies at the time the will is made. So, if the testator is not mentally competent at the time of death, but was when the will was made, the will is valid.

There are many other facts that might make a will invalid, and therefore serve as grounds to contest a will. If a will is effectively contested in Boulder, Colorado, and held to be invalid, this normally results in the property being distributed as if the decedent had died intestate (without a will). This means that it will usually go to the decedent's closest living relative.

Can a Boulder, Colorado Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a seasoned Boulder, Colorado attorney can help take some of the burden off of you, and handle some of the most difficult aspects of this process.

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

Life in Boulder

Boulder, Colorado is the county seat of Boulder County, and it is also the largest city in that county. It has a population of just under 100,000 people.

Boulder is considered one of the most liberal of Colorado's larger cities, and was a major destination for participants in the counterculture movement in the late 1960s. This legacy affects its culture to this day.

The culture of Boulder, Colorado is driven by outdoor activities, such as rock climbing, Ultimate Frisbee, hiking, skiing, and many others. It is also home to a major film event - the Boulder International Film Festival.

Many successful professionals, such as lawyers, have relocated to Boulder, to take advantage of its growing economy, job opportunities, and unique culture.

If you are a resident of Boulder, Colorado, and need legal advice, there's probably a Boulder, Colorado attorney who's right for you. A Boulder, Colorado attorney can help you with almost any legal issue you're likely to face.

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