Colorado attorneys specializing in Probate Litigation, Trust Litigation, Guardianships & Conservatorships, and Trial Law
Protecting your rights when times are difficult.
When a loved one dies, it’s never easy. It’s even harder when family members step in and take advantage of the situation. It’s unfortunate. But it requires legal expertise to resolve.
That’s where we come in. The litigation attorneys at Staggs Morris, P.C. fight for you in probate court when a will or trust dispute/contest/disagreement arises. Whether you are the intended beneficiary under a will or trust, the personal representative (executor) of an estate, or the trustee overseeing assets in a trust, we’re here to vigorously protect your rights — compassionately when times are difficult.
Why you need a probate lawyer.
What follows are just a few of the examples of contested probate litigation that may arise following the death or incapacity of a loved one:
- Will Contests or Trust Litigation: The personal representative named under a will or the trustee of a trust assumes control over assets and financial accounts — without regard to the specific instructions of the deceased — and a probate attorney must protect these assets for the heirs; or a probate attorney must defend a personal representative wrongfully accused. In other cases, it might be a good faith dispute among heirs as to how to divide the property.
- Undue influence: The deceased’s last will and testament were created under the duress of a beneficiary or during a time when the deceased lacked the mental capacity to make a will.
- Collection of money due: The decedent loaned someone money before death (sometimes under circumstances including undue influence) and a probate attorney must collect this money for the benefit of the heirs.
- Fiduciary Liability: The person (fiduciary) overseeing the estate of a decedent or incapacitated person has squandered the assets of the deceased or incapacitated person; or the fiduciary is accused of wrongful conduct and needs a probate attorney to defend his/her actions.
- Guardianship/Conservatorship Liability: Relatives living with or near an incapacitated person have assumed control over that person’s finances and are using the money for their own benefit or otherwise improperly dissipating assets of the incapacitated person — requiring immediate help from a probate attorney.
- Elder Abuse: Those living with or near an elderly or incapacitated person are abusing that person — either physically, mentally, or financially. A probate attorney is needed to file for an emergency guardianship in which a probate judge is asked to appoint a trusted relative to take care of the elderly or incapacitated person.
The above examples demonstrate the need for a probate lawyer when things go awry. More often than not, when a loved one dies, the heirs are all on the same page and can all participate fairly in the administration of the deceased’s last will or trust. Even when there’s harmony among family members, hiring a probate lawyer to file all the required administration and estate accounting documents with the Colorado probate court will ensure a smooth resolution of the deceased’s affairs. Contact us now for a free consultation.