Contested Wills in Denver, Colorado

Find the right Contested Wills attorney in Denver, CO

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

There are several 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 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 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 Denver, Colorado?

A court in Denver, 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 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. However, 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 thing to consider is the mental capacity of the person making the will. If, at the time the will was made, the testator was insane or severely intoxicated, the will is likely to be held invalid by a court, if the underlying facts can be proven.

So, you've succeeded in contesting the validity of a Denver, Colorado will. What happens to the property that was going to be distributed according to its terms? Typically, when a will is declared void, the decedent's assets will be treated as if he or she had died without a will. This is known as "intestacy." Normally, this simply means that the assets will be passed on to their owner's closest living relative, usually a spouse, children, siblings, or parents. If absolutely no relatives can be found, the property is passed to the state. If there is a previous will, which was revoked by the invalid will, a court might revive the old will. If the new will was found to be completely invalid (rather than just parts of it), it follows, then, that the revocation of the old will is invalid as well. Thus, the old will can be given effect.

Can a Denver, Colorado Contested Will Attorney Help?

Because a will contest can sometimes involve confusing legal and factual questions, as well as some very raw emotions, a skilled Denver, Colorado attorney can be invaluable in helping this process go as smoothly as possible.

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

Life in Denver

Denver is the largest city in the State of Colorado and is known to most as the "Mile High City." Nestled in the South Platte River Valley just to the east of the Rocky Mountains, Denver offers outstanding parks like Washington, Cheesman, and City Parks as well as one of the most scenic amphitheatres, Red Rocks Amphitheatre. It's hosted bands from the Beatles, Jethro Tull, John Denver, the Grateful Dead, and was the favorite of Rock legend Jimi Hendrix. There have been a number of famous recordings done at Red Rocks Amphitheatre for various bands live albums.

Denver is a bustling center of commerce. As the largest city for hundreds of miles, Denver's central location among the Mountain States makes it an ideal location for distribution and transportation of goods going to states in the Southwest and West. Manufacturing plants and corporate headquarters including those of United Airlines, Lockheed Martin, the Coors Brewing Company all call Denver home.

In more recent times the "Mile High City" has been the center of a dot-com boom. Mapquest, DIRECTV, Starz-Encore, and Qwest Communications are just a few of the telecommunications companies who have moved into Denver for it's low cost and high quality of living. Local Denver lawyer are well acquainted with local legal problems.

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