colorado probate litigation attorney who is contingent

What is probate litigation in Colorado?

Probate Contingency Fee. Probate is the court-supervised process of administering the estate of a deceased individual, which includes paying debts and distributing property to heirs. ... it will require that you prove certain facts in court and you will need a Colorado probate litigation lawyer to help make your case.

Is probate litigation unavoidable?

Aug 22, 2018 · August 22, 2018 | Bill Henry. A big courtroom battle over a deceased loved one’s will may make for a great TV or a gripping movie scene, but when it happens in real life, it’s incredibly stressful and painful, as the not-quite-healed wounds of grief are reopened. While we try to prevent these situations through good estate planning, sometimes probate litigation is …

What are grounds for contesting a will in Colorado?

Make sure you’re ready to present the best possible case. Contact Colorado Springs Probate Lawyer Tammy W. Akers. Call 719-323-6421 to schedule your free, confidential consultation. The answers you get during this meeting can be essential to taking the right steps moving forward.

What is probate litigation?

By definition, probate litigation is a lawsuit filed by a probate attorney in a Colorado probate court when there is, for example, a dispute over a will. Probate litigation can also become necessary in situations where a person has become incapacitated and can no longer manage his/her affairs, requiring a guardian and/or conservator, ...

What is probate law?

Probate law governs how an individual’s possessions and assets are distributed after death. Even if the deceased had a will, it’s still up to a probate court to distribute the estate per the instructions in the will. Most of the time, these matters are routine and handled without conflict.

What happens if an adult becomes incapacitated?

If an adult becomes incapacitated as a result of an illness or an injury, or is in another way disabled and unable to make decisions for himself/herself regarding his/her care or estate, then a Colorado probate court will appoint someone to make those decisions for the incapacitated person.

What is a fiduciary in Colorado?

In Colorado, a fiduciary is an individual serving as a personal representative of an estate, a trustee of a trust or an agent under power of attorney. A fiduciary is responsible for fiduciary duty both to the beneficiaries and to the creditors of a trust/estate; he/she must settle the affairs of an estate and is expected to always act in the beneficiaries’ best interest.

Is probate litigation high risk?

Common probate litigation issues. There’s no strict formula for determining what situations will lead to probate litigation, but there are certain scenarios which may prove to be more high risk than others, increasing the likelihood of probate litigation. Here are a few examples:

Providing Experienced Representation for Colorado Probate Disputes Since 1984

Probate is the legal process of verifying and administering a will after someone passes away. While probate in Colorado can take months to years to resolve, it can also be costly, especially if disputes arise at any point during the process.

What Is Probate Litigation?

Probate litigation is the legal process of resolving the disputes that arise during probate. Generally, these emotionally charged disputes involve disagreements about the terms of the will, the distribution of the estate, and/or the administration of the estate.

What Happens During Probate Litigation in Colorado?

During probate litigation, the disputing parties will have the opportunity to present evidence and arguments to support their positions. Depending on the nature of the dispute, this may require or involve:

How Long Does Probate Litigation in Colorado Take & How Much Does It Cost?

It depends. The nature and complexity of the dispute will impact both:

How Can a Colorado Springs Probate Litigation Lawyer Help Me?

An experienced probate litigation lawyer, like Colorado Springs Attorney Tammy W. Akers, can help you at every step of the process. Whether representing you in or outside the courtroom, Tammy W. Akers has the skills, knowledge, and resources you can trust for:

Contact a Colorado Springs Probate Lawyer Tammy W. Akers for More Answers & Help

Don’t try to fight probate disputes alone. These conflicts can get heated, complex, and costly. They may even extend the probate process by years if they aren’t handled properly.

Security

Eliminate uncertainties over the administration of a probate and maximize the value of your estate for future generations.

What is a will contest?

A will contest is a challenge made in court to the validity of the will. The person challenging the will claims that it was executed under improper circumstances - including fraud, duress, lack of capacity or subject to undue influence. A dispute over the will can arise over any of the issues surrounding a person's death including his or her estate or property rights and even the disposition of his or her remains. Whether you are the Personal Representative or a disinherited heir, you may need experienced attorneys to advocate your position.

What happens to a company when you die?

If a person owes you or your company money when they die, that debt is passed on to their estate in most cases. However, there are specific procedures, and time limits, that you will have to go through in order to collect what you are owed. As experienced estate administration attorneys we understand these procedures and are ready to help ensure that you receive payment for the obligations you are owed. If you are a beneficiary, disinherited heir or common law spouse you may need help to assert your rights to property of the estate or trust to which you are entitled.

A Different Approach

Our focus on real estate and business matters often leads us to advise or represent clients in disputes involving wills, trusts, and estates. We recognize that probate and trust disputes require a different, more personal approach than typical litigation. Aggressive, scorched earth litigation tactics have no place in probate and trust proceedings.

Advice and Advocacy

We do not draft wills or estate plans, we are not estate planning attorneys; what we do is help clients work through probate and contested estate issues that many estate planning attorneys do not handle.

Our Philosophy

At Otis & Bedingfield, LLC, we believe every client deserves the highest quality legal services from a law firm that is part of their community. We know we can’t be everything to everyone everywhere. That’s why we focus on providing only real estate law and business law services in the Northern Colorado region.

What is contingency fee?

A contingency fee agreement is a type of retainer agreement in which an attorney agrees to litigate your case without being paid until money or property is distributed to you.

Is probate a will contest?

This type of probate or trust litigation can be time consuming and expensive, just like a will contest or trust contest, and requires the litigants to take a risk on the outcome of the case. The executor or trustee has the benefit of using probate or trust assets to pay for their defense.

What is subrogation in insurance?

“Subrogation” means the right to be paid back.

Is personal injury taxable?

Typically, damages paid for personal injuries are not taxable. Sometimes, a tax can be incurred if a transaction is misunderstood as a forgiveness on a debt, or if a large tax deduction has previously been taken for recovered medical expenses. CaseYak.

Representation of The Fiduciary

• A fiduciary can be a trustee, personal representative, guardian or conservator who is charged with special duties to care for another person's affairs. The fiduciary is charged with special duties and tasks in executing the will, trust, or protective arrangement. The fiduciary can be a family member, a bank or financial institution, or a trust company. When a friend or relative challenges your actio…

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Representation of Beneficiaries, Creditors Or Disinherited Heirs

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