If you are looking for a skilled Colorado attorney with the experience, integrity, and the work ethic to provide you the best possible legal outcome for your situation, then look no further. Call me today or complete this simple form to schedule your
FREE consultation
NAME *
EMAIL ADDRESS *
PHONE NUMBER
TELL US ABOUT YOUR SITUATION OR YOUR QUESTION*
The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.
The Iyer Law Office, L.L.C.
3333 South Bannock Street,
Suite 330
The Wells Fargo Bank Building
Englewood, CO 80110
Fax: 303 477-4192
Copyright 2010, Iyer Law Office, All Rights Reserved
Wills
Questions about the Validity of a Will
Sometimes questions concerning the validity of a will arise when a family probates an estate. A probate court may be called upon to address questions concerning diminished capacity, undue influence, breach of fiduciary duty, or other forms of impropriety before it probates a will. If you claim rights under a will, or you are appointed as an executor, contact The Iyer Law Office, LLC, in Denver, Colorado.
Our firm, represents people contesting and defending the validity of a will during or after its admission to probate. Whenever a person with standing to challenge the validity of a will asserts a timely claim, the court will investigate these concerns before it will probate the will.
Challenging the Validity of a Will
When the validity of a will is suspect, it is important to open probate formally. When probate is opened formally, all beneficiaries under the will receive formal notice of the probate. All parties who wish to challenge the will's validity must do so at this point or waive their rights to later challenge the will. A probate, informally opened, subjects the will to challenges throughout the probate process.
Some of the main issues the court must resolve before it will probate wills, include:
- Lack of Testamentary Capacity: Family members lack the necessary testamentary capacity to execute valid wills if they fail to understand that they are creating a will, do not know the nature of their assets, or do not know their family members.
- Undue Influence: Undue influence occurs where an individual improperly uses power or trust placed in him or her by a person in a way that deprives that person of free will and substitutes the other's objective. If there is a confidential relationship, there is a presumption of undue influence.
Other reasons the court may have to investigate before it will probate wills include revocation, duress, mistake, forgery, and misrepresentation. Our attorney represents people defending and challenging the validity of a will.
Before it can probate a will, a court is called upon to settle questions concerning the will's validity. Contact the Iyer Law Office, LLC to learn more about probate litigation concerning a will contest
