While most probate cases go through the process smoothly, encountering few to no issues, sometimes family members disagree and the will is disputed. If you are dealing with issues surrounding a deceased family member’s estate, it’s vital that you contact an expert probate attorney to help make sure you are protected and your loved one’s wishes are respected.
Jefferson County Probate Lawyer: Disputing a Will in Arvada
Contesting a will a legal process by which someone challenges the will on the grounds that it is invalid. There are three main reasons why a will is contested:
- The will was not properly formalized: If the deceased had a will, but the will does not comply with or follow the state guidelines for formalizing a will, then the will can be contested. An example of this would be if family members signed as a witness instead of the two required impartial witnesses.
- Mental incapacity: In regards to a will, mental incapacity comes into play when you feel that your loved one was not of sound mind when they wrote the will. If your loved one was diagnosed with Alzheimer’s before they wrote the will, there may be an argument that the will is not valid. This especially comes into play when a will is changed after this sort of diagnosis.
- Outside pressure / undue influence: If you feel that your loved one was pressured into including and excluding certain people or changing their will, then you can contest the will. For example, if your uncle moved in with your ailing grandmother and before she passed away, the will was changed to only include your uncle and his children, you may have an argument for undue influence.
When contesting a will, the burden of proof falls on the person filing the dispute. It becomes the contester’s responsibility to present the court with proof that the reason they are contesting the will is valid.
Contested Probate in Golden, Colorado
When you contest a will, you are essentially contesting the probate case. You can contest a probate for other reasons as well, like if you feel the executor is not properly handling the estate.