Dealing with probate after losing a loved one can be emotionally taxing when you have so much going on. In probate, a court validates and values your deceased loved one’s (the decedent’s) will. The court ascertains beneficiaries, and an executor is declared. Then the estate of the decedent is transferred to the legally determined beneficiaries.
The experienced probate attorneys at the Law Firm of Tammy W. Akers, LLC in Colorado Springs, can help guide you through the probate process. Call us today at 719-985-8192 to schedule a confidential, free consultation.
When Would I Need a Probate Attorney?
Our clients have found they need a probate attorney for one or more reasons:
- Losing a family member or loved one and needing to resolve their estate
- Ensuring the estate of a departed family member is administered correctly and according to their wishes
- Your estate is complicated and has many assets
- You are the executor of a loved one’s will and need to resolve disputes among the beneficiaries
- It would help if you had legal solutions for a complex estate with tax, asset appraisal, or hidden asset issues
- You have justified concerns regarding the possible illegal seizure of your loved one’s assets
- You need to either defend or dispute an action for breach of fiduciary duty
The Law Firm of Tammy W. Akers in Colorado Springs can help with your probate management and litigation needs and resolve your questions regarding a host of probate issues.
- Creditor claims
- Intestate property (decedents with no will)
- Property rights
- Removing fiduciaries, beneficiaries and personal representatives
- Trust reformation
- Undue influence
- Will and trust
Call us today at 719-985-8192 to schedule your confidential, free consultation.
Where Do I Start?
Getting started with the Colorado probate process can seem overwhelming. Our experienced probate attorneys at the Law Firm of Tammy W. Akers are here to help guide you through each step.
You’ll begin the process by obtaining copies of the original death certificate. You will need multiple copies, including a copy to file with the probate court. It’s suggested you obtain up to seven copies of the death certificate.
Your probate attorney will file the death certificate and will with the court and petition the validation and execution of the will. Filing of the original will needs to be completed within a specific time frame from the date of death, so don’t delay contacting a probate attorney for assistance.
Frequent Probate Disputes
Some of the common reasons for probate disputes include:
- Incapacity of the testator (the person creating the will), presence of a party with undue influence over the testator, faulty execution of the will, fraud.
- A challenge to a trust formation or a trustee
- Clarifying ambiguity in a will
- Challenging the executor or a trustee for financial mismanagement of an estate or trust
- Removal proceedings for a fiduciary, executor, trustee, or guardian due to misconduct or incompetence
- Proceedings determining a spouse’s right of inheritance and the validity of prenuptial or antenuptial agreements
- Kinship proceedings to determine the right of inheritance for more distant relatives
- Claims proceedings to resolve claims on assets from an estate from creditors or other interested parties
An experienced probate attorney can help you with these and other situations where a contested will and probate litigation are possible. The Law Firm of Tammy W. Akers in Colorado Springs can help you with probate disputes and potential litigation.
What If My Deceased Loved One Had No Will?
If your loved one or family member had no will, the intestate successor process would determine how to distribute a decedent’s estate. When this occurs, the first thing is determining whether the decedent’s property is community property or separate property.
Community property is anything that is considered jointly owned by a married couple. Property acquired before marriage or after a marriage ends is regarded as separate property.
Assets considered community property go to the surviving spouse under most conditions while distributing separate property according to the statute. Additional rules exist governing the distribution of assets for an intestate estate when there are parents, descendants, descendants from prior relationships, and siblings who also survive the decedent.
Let the experienced probate attorneys at the Law Firm of Tammy W. Akers in Colorado Springs help you decipher the legal process for managing intestate properties resulting from the death of a loved one who had no will.
Call us today for a free consultation, and we can help you get started resolving your probate difficulties.
Avoid Probate Litigation When Possible
Dealing with the aftermath of a loved one’s death can be overwhelming. Having to manage grief and the legalities of an estate can be difficult. You want to ensure your loved one’s final wishes are fulfilled and feeling uncertain about that is concerning. You may not want to take your dispute to court and question the cost and time commitments.
The experienced estate attorneys at the Law Firm of Tammy W. Akers can help you settle your family member’s estate efficiently and effectively. Our team can advocate on your behalf in court, ensuring the fulfillment of your loved one’s wishes and the preservation of your rights.
Probate Litigation When Necessary
Our primary goal at the Law Firm of Tammy W. Akers is achieving the best possible results for our clients. Our firm’s reputation for sound advice, efficiency, and pragmatism is well known. Our experience includes will construal and reform, contested accounting, and tax proceedings. We enjoy a reputation for practical, sound advice, and efficient management of our clients’ cases. We can frequently settle probate disputes without a trial by resolving the conflict between parties and adhering to applicable tax rules.
Let the Law Firm of Tammy W. Akers in Colorado Springs help if you’re considering probate litigation. We can guide you through the probate process and work to obtain the best possible decision in your case. Call us for a confidential, free consultation today.