Lakewood Will Contests Attorney

When a loved one passes, you expect their final wishes, their Last Will and Testament, to be treated with sanctity and respect. Discovering that a will might have been altered, forged, or written under suspicious circumstances is a betrayal that adds a layer of distress to an already difficult time. 

You may suspect that a caregiver, a neighbor, or even a sibling took advantage of your loved one’s vulnerability during their final days. At Colorado Estate Matters, Ltd., we understand that while the deceased cannot speak for themselves, the law provides a mechanism to correct these wrongs, and working with a Lakewood will contests attorney can help protect that process. A will contest is a legal challenge to the validity of a purported will. It is a way to ensure that a person’s true final wishes are honored, not the wishes of someone who took advantage of them.

Contact our Lakewood office today for a free consultation. We will meet you in our office, over video, or at your home.

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Why Choose Colorado Estate Matters, Ltd. for Your Inheritance Dispute?

Our firm, led by founder Justin W. Blow and supported by our dedicated team of Denise Husa, Lexus Bohan, and Maria C. Boggs, offers a judgment-free zone where you can speak openly about your concerns, including questions like Do I need a Will?. We provide a down-to-earth environment where complicated legal issues are explained in plain English, empowering you to make informed decisions. Our approach is both compassionate to your situation and assertive in the pursuit of justice for your loved one.

Locally rooted in Lakewood, our main office at 12600 W Colfax Ave., Suite C-480, Lakewood, CO 80215, is easily accessible for all residents of Jefferson County. We believe legal help should be accessible to everyone, which is why we remove the initial barriers:

• Free Initial Consultation:We offer a no-cost, no-obligation consultation so you understand your legal rights and options without financial risk.
• We Come to You:We recognize that mobility is sometimes an issue. Our attorneys are willing to make home visits, or meet you at a nursing home, hospital, or hospice facility.
• Remote Options:For family members who live out of state but are involved in a Lakewood probate matter, we offer video conferencing to ensure everyone stays connected and informed.

Our practice focuses on probate litigation, including will and trust contests. We have deep experience handling these sensitive family disputes and are prepared to guide you through every step of the process. If you suspect foul play, taking the first step to discuss your concerns with an experienced legal team is the right move.

What Remedies Are Available in a Will Contest?

The aim is to restore the deceased’s true intentions and ensure the estate is distributed as they would have wanted. There are several legal remedies the court provides to achieve this.

Invalidating the Contested Will

The principal remedy is to have the court declare the contested will invalid. If successful, the court sets aside the fraudulent or improperly executed document. The result of this is twofold:

• The estate will be distributed according to the terms of a previous, valid will, if one exists.
• If there is no prior valid will, the estate passes through Colorado’s laws of intestate succession. This means the state has a pre-determined hierarchy of heirs (such as a spouse, children, or parents) who will inherit the property.

Removal of the Fiduciary

The person who exercised undue influence is also frequently named as the Personal Representative (also called an executor) in the will. In such cases, we would petition the court for their removal. The court then appoints a neutral third party to manage the estate, ensuring a fair and unbiased administration process.

Recovery of Assets (Surcharge)

Sometimes, assets may have been taken from the estate either before or after the person’s death. If a fiduciary has improperly used estate funds for personal benefit, they are personally liable for the loss. The court orders a surcharge, which is a legal action to compel the fiduciary to repay the misappropriated funds to the estate.

Shifting of Legal Fees

In most will contests, each party is responsible for their own legal fees. However, in particularly egregious cases involving proven fraud or actions taken in bad faith, a Colorado court may have the discretion to order the wrongdoing party to pay the legal fees of the person who brought the challenge, which often raises questions like should I update my will to avoid future disputes. This is not guaranteed and depends heavily on the specific facts of the case.

Where Do Probate Disputes Arise in Lakewood and Jefferson County?

Lakewood, Colorado, has a significant population of retirees and seniors, with nearly 18% of residents aged 65 or older. Many have settled in established neighborhoods like Green Mountain, Belmar, and Applewood. While these are wonderful communities, the demographic reality means that issues surrounding estate planning and inheritance are common. All will contests and probate matters in the area are processed through the Jefferson County District Court.

Common Scenarios and Hotspots

While inheritance disputes happen in any family, certain situations create a higher risk of conflict:

• Assisted Living & Nursing Homes:Disputes frequently originate when a vulnerable senior in a care facility becomes isolated from their family. A caregiver or newfound “friend” might exploit this isolation, leading to sudden and unexpected changes in a will.
• Blended Families:Colorado has a high rate of remarriage, which leads to complicated family structures. Step-parent vs. step-child disputes are one of the most common scenarios in will contests, especially when a will is changed late in life to favor one side of the family over the other.

The Silent Threat

Inheritance theft happens quietly, behind closed doors, in living rooms and hospital beds. It is the result of a slow, methodical process of manipulation that unfolds over months or even years. Because of this, uncovering the truth requires a careful and diligent legal approach.

Understanding Grounds for Contesting a Will in Colorado

You do not have the grounds to challenge a will simply because you feel the distribution is unfair. Under Colorado law, you must have specific legal grounds to contest its validity. The person challenging the will (the contestant) must prove one of these grounds exists. Here are the most common reasons a will might be invalidated.

Lack of Testamentary Capacity

For a will to be valid, the person making it (the testator) must have been of sound mind at the time they signed it. This is known as having testamentary capacity. This doesn’t mean they needed to be in perfect health. It means they must have understood three basic things:

1. The extent of their assets (what they owned).
2. Who their natural heirs were (their closest family members).
3. That the document they were signing was a will that would distribute their property after death.

Conditions like dementia, Alzheimer’s, or the effects of heavy medication could potentially impair this capacity. A legal challenge on these grounds requires evidence, such as medical records and witness testimony, that speaks to the testator’s mental state at the exact time the will was signed.

Undue Influence

This is the most common ground for will contests in Lakewood and across Colorado. Undue influenceoccurs when a person in a position of power or trust uses that position to coerce or manipulate the testator into changing their will to benefit the influencer. The new will doesn’t reflect the testator’s true wishes but rather the wishes of the manipulator. Signs of undue influence may include:

• Isolation:The influencer isolates the testator from other family members and friends.
• Sudden Changes:The will is altered unexpectedly, drastically departing from a long-established estate plan.
• Influencer’s Involvement:The person who benefits from the new will was present at attorney meetings or was involved in drafting the document.
• Vulnerability:The testator was physically or emotionally dependent on the influencer for their daily needs.

Lack of Formalities (Improper Execution)

Colorado law is very specific about how a will must be signed and witnessed. To be valid, a will must be:

1. In writing.
2. Signed by the testator.
3. Signed by two witnesses after they witness the testator’s signature, OR acknowledged by the testator before a notary.

This is detailed in the Colorado Revised Statutes § 15-11-502. Wills created from online forms or do-it-yourself kits are particularly susceptible to errors in execution, which could render them invalid.

Fraud or Forgery

This ground applies in two primary scenarios. The first is fraud in the execution, where the testator was tricked into signing the document (e.g., being told it was a power of attorney when it was actually a will). The second is outright forgery, where the signature on the will is not the testator’s at all—issues that often stem from common mistakes made in wills. These cases are challenging but are provable with the help of handwriting analysis and other evidence.

Statute of Limitations and the Practical Evidence Deadline

While Colorado has statutes of limitations for bringing a will contest, which is generally within three years of death, the deadline is typically much shorter once a will is admitted to probate. 

Furthermore, the practical deadline to act is even more immediate. Evidence of mental capacity fades over time. Witnesses’ memories become less clear, and medical records may become more difficult to obtain. If you wait too long, the evidence needed to build your case will vanish.

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Dealing with the Opposing Party: Fiduciaries and Family Members

In a will contest, the opposing party is usually a family member, such as a sibling, a step-parent, or another relative. This person may also be the court-appointed Personal Representative, meaning they hold the keys to the house and have control over the bank accounts.

What to Watch Out For

If you have suspicions, be on the lookout for certain behaviors from the person controlling the estate:

• Secrecy:They refuse to provide you with a copy of the will or an inventory of the estate’s assets, both of which you may be legally entitled to see.
• Delay Tactics:They stall when you ask questions, offering vague assurances like, “We’re working on it, don’t worry,” while assets are potentially being liquidated or hidden.
• Emotional Guilt-Tripping:They use emotional appeals to discourage you from questioning the will, saying things like, “Mom wouldn’t want us to fight,” as a way to suppress valid concerns about theft or fraud.

The Firm’s Role as Your Buffer

Confronting a family member under these circumstances is emotionally taxing. This is where we step in. Colorado Estate Matters, Ltd. acts as the professional buffer between you and the opposing party. We handle all communications with the other side or their attorney so you don’t have to bear the emotional heat of the argument. Our role is to demand the transparency and accountability you are legally entitled to receive under Colorado law.

Steps to Take From Home If You Suspect Foul Play

• Gather Documentation:Locate any prior wills, trusts, letters, or even emails from the deceased that state their intentions for their property. These are powerful indicators of their true wishes before any manipulation occurred. If you have the authority, try to secure copies of relevant medical records.
• Create a Timeline:On a piece of paper or in a document, write down a timeline of events. Note key dates: when the suspected influencer entered your loved one’s life, when the new will was signed, when your loved one’s health began to decline, and when you noticed them becoming more isolated.
• Secure Property:If you have legal access to the home, take detailed photos or videos of valuables, family heirlooms, and the general condition of the property. This creates a record that helps prevent assets from disappearing without a trace.
• Silence is Golden:Do not send angry texts or emails to the person you suspect. Anything you say in a moment of frustration is typically taken out of context and used in court to portray you as greedy or estranged from the deceased. Let your attorney handle the communication.

Defend Your Loved One’s Legacy

A forged or coerced will is a violation of your loved one’s final voice. It replaces their true wishes with the greed of another. Do not let the fear of family conflict or the difficult nature of the legal system prevent you from seeking the truth and protecting their legacy.

You do not have to face the Jefferson County probate courts on your own. The team at Colorado Estate Matters, Ltd. is here to stand by your side, providing clear guidance and strong advocacy every step of the way.

Contact our Lakewood office today for a free consultation. We will meet you in our office, over video, or at your home.

Schedule A Free Consultation