Contested Wills in Colorado Springs, Colorado

Find the right Contested Wills attorney in Colorado Springs, CO

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

There are various 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 considerable 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 frequently 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 Colorado Springs, Colorado?

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

For instance, 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. Thus, 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 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 really 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.

If a Colorado Springs, Colorado will is successfully challenged and thus invalidated, there has to be some system for orderly distribution of the decedent's property. Typically, 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 Colorado Springs, Colorado Contested Will Attorney Help?

Contesting a will is never particularly easy or enjoyable. However, a reliable Colorado Springs, 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 Colorado Springs

Colorado Springs is the seat of El Paso County and is known as Money Magazine's "best big city to live in" and Outside Magazine named it number one in their 2009 list of America's best cities. Peterson Air Force Base, Falcon Air Force Base, and the Air Force Space Command are all located in Colorado Springs and draw a number of U.S. Service men and women. In fact, the famed NORAD was based in to Cheyenne Mountain overlooking the city. The armed forces including Fort Carson, Peterson Air Force Base, the United States Air Force Academy, and Schriever Air Force Base employ over 20% of the city's population.

It may be obvious to you then, Colorado Springs is home to a number of defense industry professionals from aerospace and missile defense to communications and engineering. Beoing, L-3 Communications, and General Dynamics all have major installations in Colorado Springs alongside the likes of Northrop Grumman and Lockheed Martin. The high tech boom in Colorado Springs has ushered in companies like Verizon Business, Hewlett-Packard, Intel, and Agilent. The companies range from software design to computer chip manufacturing and testing.

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