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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.
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:
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.
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.
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 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.
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.
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.
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.
While inheritance disputes happen in any family, certain situations create a higher risk of conflict:
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.
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.
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:
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.
This is the most common ground for will contests in Lakewood and across Colorado. Undue influence occurs 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:
Colorado law is very specific about how a will must be signed and witnessed. To be valid, a will must be:
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.
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.
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.
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.
If you have suspicions, be on the lookout for certain behaviors from the person controlling the estate:
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.
A no-contest or in terrorem clause is a provision stating that anyone who challenges the will and loses will be disinherited. However, in Colorado, these clauses are unenforceable if you have probable cause to bring the contest. As outlined in C.R.S. § 15-12-905, if you have a reasonable belief based on evidence that the will is invalid, the clause is not enforceable against you.
To contest a will, you must have standing. This typically means you are an interested person, which includes legal heirs-at-law (those who would inherit if there were no will, like a spouse or child) or beneficiaries who were named in a prior, valid will. If you do not fall into one of these categories, you may not have the right to challenge the will.
Generally, each party pays for their own attorney’s fees. However, there are exceptions. A Personal Representative defending the will may be able to have their fees paid by the estate. In cases where the court finds that a will was procured by fraud or undue influence, it may order the wrongdoer to pay the contestant’s legal fees.
The duration of a will contest varies greatly. A straightforward dispute that settles in mediation might be resolved in a matter of months. A more difficult case that proceeds to a trial in Jefferson County District Court could take over a year to conclude.
If assets were improperly taken and have already been spent, it is still possible to seek a judgment against the person who took them. While it is difficult to collect on a judgment if the person has no funds, this legal remedy holds them personally responsible for repaying the estate. An immediate legal action also helps freeze remaining assets to prevent further loss.
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.
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