Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation
(719) 985-8192
Get Your Questions Answered – Call Me To Schedule Your 30 Minute Phone Consultation (719) 985-8192
Do you believe your inheritance was unfair and not a reflection of your loved one’s true intent? The Law Firm of Tammy W. Akers LLC can help you fight for what’s rightfully yours.
You had every assurance and reason to believe you would inherit from your family member or loved one in a specific way. You feel sure that you and the testator (the "will-maker") had a strong relationship and an understanding. That's why you were shocked when your inheritance fell short of what you were led to expect.
You saw signs and indications that made you feel suspicious. Maybe you noticed that another beneficiary appeared to be taking advantage of your loved one’s cognitive decline or vulnerability. Perhaps a trustee was spending your family member’s money in alarming and questionable ways. Did your relative suddenly change their long-established will without explanation? Did those changes seem out-of-character or irrational?
Tammy Akers has decades of experience in estate planning law. She has extensive knowledge of Colorado’s probate laws and has a thorough understanding of the intricacies of will and trust administration. She’s helped many clients successfully contest wills and trusts.
If you suspect your inheritance has been unjustly threatened or diminished, Tammy Akers can help you too. Navigating Colorado’s probate court system can be difficult and stressful, but you don’t have to face those challenges alone. Tammy Akers has helped many Teller County clients in your situation. She can help you determine whether you have standing to contest a will or trust and how to proceed if you do.
Challenging the validity of a loved one's will or trust is a lengthy and painstaking process. It requires having sufficient grounds and compelling evidence. If you're pursuing a challenge, you want to ensure you have an advocate who understands the intricacies of Colorado's probate laws and can present your challenge powerfully.
The journey starts by filing a contest petition in probate court. This petition serves as the formal way to inform the court that you question the validity of a will or trust and whether it truly reflects the creator's intent.
To file the petition, you must "have standing" or be an "interested party." This requirement means you would have inherited if there was no will or trust or you were a beneficiary under a prior version.
You cannot prevail on a contest petition simply because you’re dissatisfied with your distribution or think it’s unfair. You must have specific grounds for your claim of invalidity. In other words, you must prove with clear and convincing evidence that the will fails to represent the creator’s intent.
An experienced “contesting a will lawyer” can help determine if you have sufficient grounds and supporting evidence to contest a will or trust. If they determine you have grounds, they can help you file the petition and start the process.
Typical grounds for establishing and proving the invalidity of a will or trust include:
Your estate planning attorney can advise you if these or other grounds are in play for challenging the validity of a will or trust in your circumstances. If they are, your attorney will assist you in gathering the necessary evidence to prove your claim.
You have 6 months to contest a will following its admittance to probate. If the will is not admitted, you have three or more years. For a trust, you have anywhere from four months to 5 years, depending on the circumstances and type of trust.
Once the petition is filed, resolving a will or trust dispute may take anywhere from several months to several years. The duration depends on factors such as the complexity of your claim, the evidence, the number of parties involved, and whether your case settles or goes to trial.
Consult with your attorney to analyze your claim, the circumstances and existing evidence for a realistic assessment of the timeline of your case.
Are you frustrated that you’ve been cheated out of an inheritance you’re entitled to? There are steps you can take. Contact Tammy Akers today to begin the process of reclaiming what you were always intended to have. Ask a question about the reader’s situation and explain why the firm can help.
