Denver Probate Attorney
When someone passes, their property must transfer to their living loved ones. This happens through a process called “probate.” Probate happens with or without a will. It is a lengthy procedure, sometimes lasting months or even years, depending on the complexity of the property distributed.
You can trust Denver Family Lawyers to help oversee the probate process. Probate happens in the courts, and having a trusted law firm on your side is useful. We can oversee the process and help ensure transactions are smooth and honest.
For probate services in Colorado, contact us online today.
Understanding Probate
Probate is the legal process needed to distribute a deceased person’s assets. It starts when a person dies, and the court validates the will, if one exists. Without a will, the court guides the distribution of assets according to state laws.
Key steps of probate include identifying assets, paying debts, and distributing property to heirs. Executors manage this process, with court supervision, to protect rights and resolve disputes.
Proper understanding of probate can help minimize misunderstandings and delays, making the process smoother. Our team can provide guidance and support throughout probate, offering strategies tailored to individual needs.
Probate Litigation
Probate litigation occurs when disputes arise during the probate process. Common issues include contested wills, disagreements over asset distribution, and allegations of executor misconduct.
Parties involved in these disputes often include beneficiaries, heirs, and creditors. The litigation process can delay asset distribution and increase legal costs. In some cases, mediation or alternative dispute resolution can help resolve conflicts without going to trial.
We can offer guidance through the litigation process, helping clients navigate the complexities involved in probate disputes. Contact our team for assistance with any probate litigation needs.
Special Considerations for High Assets
Probate litigation involving decedents with high assets presents unique challenges. Large estates may involve numerous beneficiaries and complex asset structures. Valuable items, like real estate, investments, and business interests, require detailed valuation and division.
Disputes often arise over asset distribution and interpretation of the will. The stakes are high, leading to potential conflicts among heirs. Our experience with high-asset estates can help simplify these matters. We can help you identify tax implications and collaborate with accountants and financial advisors during the process. Our team is here to help you navigate financial and legal intricacies efficiently.
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Personal Representatives
When someone leaves property behind, that property is called their “estate.” Estates can be of any size, representing the modest or the millionaire. As assets enter probate, someone must be there to manage the estate. This person is the estate’s personal representative, or PR.
The PR handles all leftover affairs of the estate. They manage the deceased’s leftover debt, and they oversee the transfer of all property. It is a big job, and it must go to someone you can trust. Our firm can take the role of your estate’s personal representative. The legal team at Denver Family Lawyers has over 20 years of legal experience, and we know how to carry out your wishes.
In your will, you may have already named your PR. We can help this person manage the legal minutia of the job. Our team will always work alongside a PR, allowing them to make all final decisions. If they happen to fall, we can be there to catch them.
Intestate Succession
When someone passes without a will, their assets fall into intestate succession. The court appoints a personal representative to manage and distribute the estate. This could be a court employee, someone with no vested interest in the estate or its beneficiaries. Allow us to help watch over this process, making sure everything is handled correctly and honestly.
Intestate succession distributes assets to the deceased’s closest living relatives. It hands property over to a spouse first, then to children who share a portion with the spouse. With no living spouse or descendants, assets go to the deceased’s parents. When there are no living parents,the property goes to siblings, and so on. The impersonal process of intestate succession can leave beneficiaries with doubt and suspicion. If you’re concerned about the validity of your inheritance, contact our firm for help.
Small Estates
Estates valued at $50,000 or less are considered “small” by legal standards. Small estates usually have no valuable assets, such as a home, to distribute. For such estates, beneficiaries can bypass probate altogether. They can simply file an affidavit with the court and receive the decedent’s assets. Trust our firm to overlook the paperwork and property transfer, keeping the transition easy and smooth.
Will Disputes
Sometimes a will is unclear, leading to justified challenges. Other times, unscrupulous people challenge a will, attempting to gain more property. Our firm can help with will disputes. Whether you are being unjustly challenged as a PR or you are someone with legitimate concerns, we are here to work for you.
Estate Planning
To help avoid problems in the future, trust our firm to help you craft your will. We know the legal intricacies of probate. We can assist you in phrasing your will appropriately, helping ensure your wishes are carried out, and your will isn’t challenged after you’re gone.
For probate and estate planning services in Colorado, trust the legal team at Denver Family Lawyers. A free consultation is a just phone call away at (303) 225-3343. You may also use our convenient online contact form.