Trust And Probate Estate Litigation

Litigation means that a dispute has arisen that may require the involvement of the court. At Martin Law Office LLC, we know that not every probate estate or trust can be administered without dispute, and we are prepared to handle such contested matters on behalf of personal representatives, trustees, family members, beneficiaries, heirs, devisees, creditors, and others.

Issues That Lead To Trust And Probate Disputes

Trust and probate litigation often begins when family members, beneficiaries, or other interested parties disagree about decisions affecting an estate. Common issues include:

• Will contests: When someone challenges the validity of a will based on concerns about how it was created or executed.
• Trust disputes: They involve disagreements about trust terms, distributions, administration, or interpretation.
• Claims of undue influence: When there are concerns that another person pressured or manipulated the creator of a will or estate plan.
• Lack of testamentary capacity: It involves allegations that an individual was unable to understand the decisions made when estate documents were signed.
• Breach of fiduciary duty: These are claims involving personal representatives, executors or trustees who may have failed to fulfill their legal obligations.
• Executor or trustee misconduct: They stem from improper management of assets, poor recordkeeping, self-dealing or failure to communicate with beneficiaries.
• Beneficiary disputes: Such concerns arise from disagreements over distributions, asset valuations or administration decisions.
• Creditor claims against an estate: These types involve debts, obligations or challenges to claims filed during the probate process.

Early legal guidance from our attorney can help clarify the issues, preserve important evidence, and position the case for a more effective resolution.

Trust And Probate Litigation Timeline

While every case is different, trust and probate disputes often follow a similar litigation process path.

The process typically begins with a careful evaluation of the facts, estate documents, financial records, and applicable Colorado laws. Once the issues are identified, claims may be filed with the court, or a response may be submitted to allegations raised by another party.

The next stage often involves discovery. During discovery, parties exchange information, request documents, and gather evidence that may support their positions. This phase frequently provides a clearer picture of a case’s strengths and weaknesses.

Many disputes then move into negotiation or mediation. These discussions can provide an opportunity to resolve disagreements without the time and expense associated with a court hearing. When settlement is not possible, the matter may proceed through hearings and, if necessary, a trial.

Many clients feel uncertain when litigation becomes necessary. That is why our goal is to help clients understand what is happening at each stage, what options are available, and what outcomes may be realistic so they can make thoughtful decisions with confidence.

More Than Two Decades Of Litigation Experience

Jodi S. Martin has been a litigator throughout her more than 20 years of practice and is prepared to represent clients in all aspects of litigation. She is not afraid of the courtroom. Litigation often involves briefing, discovery, negotiation, mediation, and eventually a possible hearing.

While we are prepared to take a dispute to a full hearing with the court, if needed, we also recognize that other dispute resolution tools such as negotiation and mediation often present satisfactory results without the expense of a hearing.

At Martin Law Office LLC, our primary goal is an informed client, as we recognize that tensions are high during litigation, and if the client is not well-informed then they cannot fully consider potential outcomes and make thoughtful decisions. We work to help you understand your options, the law, and the likely outcome, allowing you to make informed decisions throughout your case

Contact Us

Call our Boulder office at 720-739-4875 or use our online contact form to schedule an appointment with our experienced litigation attorney.

 

“A thoughtful, considerate, well-informed attorney.”

~Client Review