High-Conflict Probate Attorneys in Longmont
The death of a loved one brings sadness, and we would like to think that
we can turn to other family members for support. We would like to think
that the person chosen to manage our loved one's estate is honest
and will do so in everyone's best interest. But what happens if the
person charged with acting as personal representative refuses to provide
information? What happens if you see your dad's
last will and realize that everything goes to the brother who never quite got his
act together? What if you notice that the last will is dated only few
months before mom passed, after she was already receiving nursing home
care for Alzheimer's? These "what if" scenarios will result
in conflict with and hostility towards the person appointed personal representative,
and may result in conflict among the other family members.
The scenarios also raise the complex issues of breach of:
To request an initial consultation, call (720) 809-8310 without delay.
A lot of factors come into play in these types of cases. A person has the
right to leave his or her entire estate to one child and exclude the other
children. One child receiving the bulk or all of the estate does not,
by itself, prove foul play. A condition such as Alzheimer's can progress
from showing minimal symptoms to severe loss of memory and thinking abilities.
An Alzheimer's sufferer can have good days and bad days, or be "fresh"
in the morning after a good night's sleep and fade as the day draws
to a close. A diagnosis of Alzheimer's does not, by itself, prevent
a person from signing a will. Therefore, these cases can result in long
and costly litigation that require the employment of experts in forensic
psychology and possibly forensic accounting. We at Jorgensen, Brownell
& Pepin, P.C. can assist you.
Understanding Personal Property
Personal property is the legal term for "stuff around the house."
Sometimes these items can be very valuable, but most of the time the value
is more sentimental than financial. A lot of resentment and hostility
arises simply because a family member donated an item to charity that
they believed was "junk" when in fact it brought back fond memories
of another family member's childhood. Before you decide to litigate
over personal items, think of the costs. Remember also that the remedy
is the market value of the item, which is generally less than most people
believe it should be, and certainly cannot make up for the lost sentimental
value. A court generally cannot force a third-party who received the item
to give it back.
Can Trustees Be Held Accountable?
Trusts have become very popular as a way to "avoid probate." However,
just because a trust can be administered without a court proceeding does
not mean that a trustee cannot be held accountable. Like personal representatives,
trustees are held to very high standards and have a duty to manage the
trust in the best interests of the beneficiaries. If a trustee breaches
any of these duties, they can be sued in court just like a personal representative.
To Take the Next Step, Turn to Jorgensen, Brownell & Pepin, P.C. for Help.
Breaches of duty, undue influence, and testamentary capacity are complex
issues that can result in long and costly litigation. Our
Longmont probate attorneys will thoroughly review your case and provide a road map to help you make
an informed decision before moving forward with any litigation.
Contact us today
to learn more about how we can help.