Lakewood Probate Litigation Lawyer

Probate Litigation Attorney in Lakewood, CO

Losing a loved one is never easy, and the stress of a loss can be difficult enough without the added challenges of issues arising during the probate process. Probate can become necessary if wills, trusts, or whole estates are contested after a loved one has passed. In areas like Belmar or Applewood, probate litigation can cost you time and money. Whether you are an invested family member or friend, an executor managing the estate, or a beneficiary, a Lakewood probate litigation lawyer is here to help.

When a loved one passes away, one way their estate is addressed and distributed is through a process known as probate. Some probate matters are difficult to resolve because of technical legal complexities, while others involve family conflicts or problems with creditors. When probate disputes arise, the assistance of a skilled lawyer can make a big difference because losing a loved one is difficult enough without the added challenges of issues arising during the probate process.

If you need legal counsel with regard to a probate matter, the attorneys of Pearson & Paris, P.C., can help you understand your rights and responsibilities, develop an effective strategy that takes all relevant factors into account, and represent your interests in probate court. We represent clients in probate litigation involving:

• Will contests. Wills can be contested on various bases, including problems with a document, execution of a will, or issues regarding the competence or ability of the decedent when he or she signed a will.
• Breach of fiduciary duty. When the behavior or judgment of a trustee, guardian or representative is questioned by a decedent’s beneficiaries, litigation can result.
• Insolvent estates. When an estate’s debts outweigh its assets, family members of a decedent may be unfairly pursued by creditors, previously unknown creditors may present debts or other difficulties can arise.
• Creditor issues in probate. These can include instances where assets in an estate are not applied properly.
• Undue influence, undue duress or competency issues. These can compromise or negate the validity of a will and create conflicts.
• Fraudulent transfers or conveyances. Creditors may pursue a decedent’s assets when fraudulent activity is suspected, and this can lead to lawsuits.
• Property distribution. Complications can arise when a decedent leaves no will.
• Priority of appointment disputes. Sometimes, several people wish to be appointed as the responsible individual to administer the estate, which creates conflict and requires a hearing over who has priority to be appointed.

The Probate Process in Lakewood, Colorado

With 17.6% of the population of Lakewood being 65 years of age or older, having an estate plan in place is vital. When a person passes, their estate–and the assets held within–will most likely need to pass through the probate process. This can be an overwhelming time, especially after such a difficult loss. Thankfully, with the right lawyer on your side, you can move through the process with confidence and avoid as many litigation issues as possible.

In Lakewood, the probate process will most often adhere to the following steps:

• Lodging the will. If a will exists, one of the earlier steps in the probate process is to submit the will to the probate courts to maintain while the probate action is pending.
• Appointing the executor. The probate court will be tasked with appointing an executor, also known as a personal representative, who will be responsible for managing the estate and guiding it through probate, acting on behalf of the individual who passed away. An executor is typically an individual named in the will–or, in cases where there is no executor named in the will, the courts will look to the Colorado statute governing the order upon which a person may be appointed as a personal representative.
• Inventorying assets. The executor or personal representative, will then begin to identify and list all the assets owned by the deceased individual’s estate, including their bank accounts, items of personal property, and real estate holdings. These assets will all then need to undergo a monetary evaluation in order to determine their worth.
• Paying estate debts and taxes. The executor will then be responsible for settling any debts owed by the estate that are still outstanding and filing any necessary tax returns with funds provided by the estate before these assets can be distributed amongst heirs.
• Asset distribution. Finally, once all assets and debts have been settled, the remainder of the assets will be distributed amongst beneficiaries in accordance with the will of the deceased.

Legal issues can arise throughout almost every step of the probate process in Lakewood. Thankfully, the team at Pearson & Paris, P.C. is here to help you at every turn. We are proud to offer our services to folks across Denver, Jefferson, Arapahoe, Adams, and Douglas counties.

How the Attorneys at Pearson & Paris, P.C. Can Help

Whatever your position may hold during the probate process, having an attorney on your side is vital. Over 3 million estates go to probate every year in the United States, and the legal process can be overwhelming. The attorneys at Pearson & Paris, P.C. can gather and review all necessary documentation, review your legal options, and advocate for your rights. Whether you need assistance because you believe a will was improperly created or you need help simply ensuring that all wishes of the deceased as outlined in their will are correctly followed, the law firm of Pearson & Paris, P.C. can help.

Contact A Colorado Will Contest Attorney Serving Lakewood, Arvada, and The Denver Area

Our Lakewood probate litigation lawyers are experienced in estate planning issues involving wills, trusts and powers of attorney, in addition to probate matters. Contact us for advice about your estate or probate situation.