Denver Probate Litigation Attorneys

The Validity of a Will

When someone passes away, they often leave a will that should determine how to distribute their assets and property. While this might seem straightforward, many things can complicate it, especially if a family member, beneficiary, or another interested party believes the will is invalid. 

Questions about a will’s validity may concern:

• The deceased’s mental capacity at the time they created the will
• Whether a will was created under undue influence (i.e., someone pressured or coerced the deceased into creating the will)
• Evidence of forgery or fraud 
• A will’s lack of signatures or witnesses

Breach of Fiduciary Duty

Trustees or personal representatives have a fiduciary duty to act in the best interests of the beneficiaries. This often entails responsibly managing trusts, distributing assets, paying debts and taxes, and keeping accurate records. Probate litigation may be necessary if someone in charge of an estate mishandles funds, makes self-serving decisions, or otherwise breaches their fiduciary duty. 

Beneficiary Disputes

During probate, beneficiaries may disagree about asset distribution or worry about an estate’s administration. These concerns can easily lead to litigation. 

Examples of beneficiary disputes include:

• Unequal distribution - If one beneficiary feels they are not receiving a fair share of the estate compared to others, they may challenge the distribution
• Inheritance rights - Should someone believe they were wrongly left out of a will or that they are entitled to more than what was allocated to them, they may contest the will’s validity
• Breach of fiduciary duty - As mentioned above, beneficiaries may also take legal action if they believe the executor is not fulfilling their legal duty to manage the estate properly. 

Estate Tax Issues

Estate taxes can be complicated and, in some cases, controversial. Litigation may be necessary if an executor or another interested party believes there are discrepancies or errors in how estate taxes have been handled. 

Concerns About a Trustee or Personal Representative

Trustees and personal representatives have significant responsibilities. They must be capable, reliable, and trustworthy individuals. Unfortunately, problems can come up if someone is appointed who does not meet these requirements. For example, a beneficiary may believe that the person named as executor is unfit for the role due to a conflict of interests or demonstrated incompetencies.