Wills & Litigation Attorneys in Boulder, Colorado

Creating a comprehensive will is one of the most important steps you can take to ensure the proper distribution of your estate and the fulfillment of your wishes. However, even with a properly drafted document, disputes and litigation can arise, potentially complicating matters for your loved ones.  

At Howard O. Bernstein, P.C., we aim to provide clarity on the legal guidance surrounding wills and estate disputes in Boulder, Colorado, empowering you to make informed decisions. Our strategic estate planning attorneys, Howard Bernstein and Leona Light, have the resources, knowledge, and experience to fight for you and your family. Schedule a consultation today to discover your options.  

Wills in Colorado

A will is a legal document that outlines your wishes for property distribution, guardianship, and other matters after your death. It serves as the foundation for a well-organized estate plan and ensures that your intentions are honored. To draft a valid will in Colorado, certain legal requirements must be met. These include: 

1. The testator (the person creating the will) must be at least 18 years old and of sound mind. 

2. The will must be in writing. 

3. It must be signed by the testator or by someone else in their presence and at their direction. 

4. It needs to be witnessed by at least two individuals who are not beneficiaries under the will. However, Colorado also allows for "holographic wills," which are handwritten and signed by the testator but do not require witnesses if certain conditions are met. 

Meeting these requirements is essential for ensuring your will is legally enforceable. Our experienced attorneys can guide you through this process, minimizing the risk of errors that could lead to future challenges. 

Benefits of a Will

A properly executed will ensures that your assets are distributed according to your wishes and allows you to name guardians for minor children. This ensures your loved ones are taken care of in the way you intend. In addition, having a will can reduce confusion or conflict among family members and simplify the probate process. It provides clarity and peace of mind during what can be a difficult time.

Common Issues That Lead to Will Disputes

Despite the effort put into drafting a will, contested wills can lead to litigation. Common triggers for disputes include: 

• Lack of testamentary capacity: A common claim in will disputes is that the testator lacked the mental capacity to make a valid will. Evidence of declining mental health, such as dementia or Alzheimer's, may be scrutinized if it’s believed that the testator did not fully understand the decisions they were making. 

• Undue influence: Allegations of undue influence arise when it is believed that the testator was coerced or manipulated by another party into drafting or altering their will. This is particularly common when significant or unexpected changes in beneficiary allocations are made under questionable circumstances. 

• Improper execution: If a will does not meet Colorado's specific statutory requirements, it may be deemed invalid. This often includes failures such as missing signatures, insufficient witnesses, or procedural errors. 

• Fraud or forgery: Claims of fraud may involve allegations that the testator was deliberately misled about the contents of the will. Forgery disputes arise when the document is believed to have been altered or entirely fabricated. 

Handling these issues requires a thorough understanding of Colorado's probate litigation laws. 

Litigation Laws in Colorado  

Contesting a will often leads to probate litigation. For executors and beneficiaries in Colorado, understanding the laws governing probate disputes is critical.

• The role of the probate court: The probate courts oversee probate litigation in Colorado. The key responsibilities of the court include validating the will, resolving disputes among heirs or beneficiaries, and ensuring proper administration of the estate.  

• Time limits for will contests: Under Colorado law, individuals typically have a limited period to contest a will after it has been submitted for probate. This window is known as the "statute of limitations" and generally runs for four months from the date of the notice of probate.  

• Resolving disputes through mediation: Colorado courts encourage dispute resolution through mediation where possible. Mediation can provide a cost-effective, less contentious alternative to courtroom litigation, enabling parties to reach a mutually agreeable resolution.  

Understanding these litigation laws and processes is crucial to navigating probate disputes in Colorado. By knowing your rights, deadlines, and available options for resolution, you can make informed decisions and better protect your interests throughout the probate process. 

Tips to Avoid Will Disputes

While litigation cannot always be avoided, there are proactive steps you can take to minimize its likelihood:  

• Use clear and precise language: Ambiguities in a will’s text can lead to varying interpretations and disputes.  

• Conduct regular updates: Update your will after major life milestones like marriage, divorce, or the birth of a child.  

• Communicate with beneficiaries: Clearly discussing your intentions with family members can reduce future misunderstandings.  

• Work with experienced attorneys: An experienced estate planning attorney makes sure your will adheres to legal requirements and minimizes the likelihood of challenges.  

By taking these steps, you can help ensure your wishes are honored and prevent unnecessary conflicts among your loved ones. Planning your estate thoughtfully today can provide peace of mind for years to come. 

Reliable Wills & Litigation Attorneys Serving Colorado

At Howard O. Bernstein, P.C., we craft robust estate plans and guide clients through probate disputes. Whether you need assistance drafting your will or navigating the intricacies of estate litigation, our experienced team stands ready to advocate for your best interests. 

Call today to schedule a consultation and take the first step in securing peace of mind for you and your family. Serving Boulder and surrounding areas, including Nederland, Longmont, Broomfield, North Glen, and the Denver metro area, we are here to help. 

Drafting an effective will and handling potential litigation requires trusted legal guidance. With Howard O. Bernstein, P.C., you can move forward with confidence in your estate planning and probate matters.