You need dedicated and experienced litigators on your side
Elder Law is a specialty field within the legal profession that is practiced by a fairly small percentage of Colorado lawyers. Smaller still among this community of elder law attorneys are those with substantial experience litigating probate matters. In the event that you are unable to settle all issues in dispute with our negotiations assistance and support, our firm has the knowledge, expertise, confidence and trial experience needed to guide you through the complex and often-contentious process of taking your case to court. We litigate contested wills and trusts, fraud and breach of fiduciary duty, financial abuse and exploitation, property disputes and even matters relating to a spouse’s right of election, marital agreements and common law marriage. Probate litigation may occur either in the estate of a deceased person, or in a protective proceeding such as a guardianship or conservatorship for a living person. We have also litigated matters relating to powers of attorney and theft or fraud. When a person is forced to sign a will by undue influence or if they sign without testamentary capacity, the person’s entire estate may be at risk. Our team works with the client to determine what circumstances and evidence caused a legal document to be changed. We also provide comprehensive evaluations of estates to ensure the intentions of the testator are followed.
We can help with litigation in the following legal areas:
Breach of Fiduciary Duty: Agents under powers of attorney, trustees, and court-appointed guardians and conservators are among the classes of individuals known as fiduciaries, holding a heightened duty to act in the best interest of another party. When these fiduciary duties are breached to the injury of a person to whom they are owed, financial compensation and other redress may be available to recover for the harm that has been done.
Financial Exploitation and Elder Abuse: Have you, an elder friend, or an elder loved one been financially exploited or abused? Our firm is knowledgeable and experienced with the legal theories under which assets can be recovered. We can help!
Disputes of Wills and Trusts: It is not uncommon to come across circumstances in the area of Elder Law and Probate disputes in which at-risk individuals have been subjected to undue influence in the preparation or modification of estate planning documents such as wills, trusts, and powers of attorney, or where personal representatives or trustees violate their legal duties to estate heirs or trust beneficiaries. Under the proper circumstances, court intervention is available to set aside, void, or modify wills, trusts and powers of attorney. Our firm has the experience and expertise to litigate these complex cases.
Nursing Home Residence Rights: It is not uncommon to hear stories of elder neglect and abuse taking place at residential nursing homes. If you or a loved one has had rights violated or suffered injury in a residential nursing home, we can help you hold the home and responsible care professionals accountable.