PROBATE2
Wisdom. Honor. Tenacity.
How do I make sure my spouse and children are cared for when I pass? How can I ensure my aging mother is safe and has sufficient funds for her well-being? What do I do if someone is influencing my loved one to give away property or redo their Will?
These are common questions in the realm of probate and estate law. From drafting Estate Plans, Wills, and Trusts, to filing for Conservatorship or Guardianship, to handling Probate Administration and Litigation, our Greeley and Fort Collins probate attorney can help educate you on the available legal options and guide you through the process of finding the best option for your unique situation.
Estate Administration and Litigation: Many of our clients come to us after the passing of a loved one. At these times, there are so many emotions to work through that navigating the world of legalese, forms, and foreign legal processes becomes daunting. We help guide you through the process by explaining the options and necessary steps to you’ll need to take to fulfill your loved one’s last wishes. Whether you are a beneficiary under a trust, a nominated trustee, a recipient under a Will, a nominated Personal Representative (sometimes called an “Executor"), an heir by law (or think you might be), a concerned family member, or anything in between, we can explain the process and guide you through this difficult time.
Protective Proceedings: Guardianship and Conservatorship: As our loved ones age, are left without a fit parent, or fall victim to cognitive or physical ailments, it is difficult to watch them struggle with things such as health care, making financial decisions, and acts of daily living. We may fear they will be taken advantage of or that they aren’t getting the proper nourishment and personal care they need. This is where guardianship and conservatorship proceedings come in. Conservators are appointed by a court to help care for a loved one’s finances when they cannot adequately do so on their own. Guardians are appointed to help plan for a loved one’s health and daily needs. If you are wondering how to best help your aging or disabled loved one, we can guide you through these and other legal options.
Estate Planning: You’ve probably heard it before: when you’re planning for your legacy, the time to plan is now. When a loved one passes, the surviving family members are often dealing with many difficult emotions and tasks. The easier the process of fulfilling their loved one’s last wishes, the more they can focus on grieving, growing, and getting along with one another. Whether it is a simple Will or a complex Trust (or system of Trusts), we strive to understand your unique situation and prepare the documents you will need to leave the legacy you want without confusion or confrontation for your surviving loved ones.
Issues We Handle:
Caretaker Neglect
Conservator Appointments and Disputes
Determination of Heirs
Elder Abuse and Exploitation
Emergency Guardianship
Guardian Appointments and Disputes
Intestacy Disputes
Power of Attorney
Probate
Small Estates
Special Conservatorship
Spousal Share Disputes
Trust Administration
Undue Influence
Will Contests
Wills and Trusts
Success Stories
Please note that every case is unique, and results will vary based on many different factors.
Our client was tasked with caring for their ailing mother, moving her from one state to another, finding her housing, and then, after her passing, managing her entire estate. Completing these tasks, while grieving, and trying to navigate the confusing court system can be overwhelming. We were happy to be able to help guide our client through this process and successfully complete the move, the housing, and finalize the estate efficiently, allowing our client to focus on grief and healing.
Our client came to us concerned about a Guardian and Trustee who was misrepresenting information to the Court and refusing to share information with beneficiaries. Through our client’s resolve and strength and our office’s thorough investigation, due diligence review, and discovery techniques, we learned that the Trustee had committed several serious breaches of both the Guardianship and Trust…..
Our client was the nominated Personal Representative for a large estate with multiple primary and secondary heirs. The estate included real property, mineral rights, water rights, many vehicles, notes and receivables, stocks, bonds, business interests, bank accounts, dozens of pieces of farm equipment, livestock, and several other assets, most of which were denoted …..
Our client’s sibling was caring for their ailing mother for multiple years before burning out. Our client then stepped in as court-appointed conservator. Upon stepping into that role, our client discovered that their sibling had exploited their mother by taking (and later trying to hide) a $25,000 loan and using their mother’s funds for personal purchases. Our client’s mother was in danger of losing …..
Client's niece filed a faulty claim against him and motioned to remove him as co-guardian for his sister. Niece's claim was based on assumption only and had no basis in fact. Through investigation, witness interviews, and a successful, contested court hearing, we were able to reveal the truth and show that, in fact, niece was the one who had committed the act she claimed was a breach of fiduciary duties. Client remained in his position as co-guardian. Niece's motion for removal was denied. Client was awarded attorney fees and costs.
Client had cognitive and physical impairments and was being financially exploited by third parties. A family member petitioned for Guardianship and Conservatorship, and Client joined in the petition. However, a unique Visitor’s report was produced and threw a wrench in the uncontested matter. We were able to clearly represent our position and shore up the rebuttal information to make our Client’s wishes heard and made a reality.
Client needed to track down heirlooms held by estranged mother and negotiate their return. We were able to professionally and successfully receive all requested items without litigation.
Client’s friend was at great risk of exploitation on account of cognitive impairments. The friend was having trouble navigating VA benefits and other financial needs. We were able to successfully appoint Client as Guardian and Conservator despite a Visitor report that missed important information and resulted in a questionable recommendation.
Client’s grandchild was born premature and incurred major medical expenses. Grandchild’s parents could not qualify for government assistance but neither could they afford health insurance. Through an emergency (and regular) guardianship and special (and regular) conservatorship, we were able to appoint client as guardian and conservator such that client’s health insurance covered the child, saving the parties significant medical costs.
Client and brother were involved in dispute regarding distribution of assets from their mother’s estate. We were able to successfully navigate a fair buyout for our client while avoiding significant costs of litigation.
Client’s stepchild attempted appointment as Personal Representative of client’s deceased spouse’s estate. Through a swift competing petition, we were able to inform the court of our client’s priority for appointment and obtain the same.
Client had concerns about family members exploiting their aging mother. We were able to successfully petition for emergency (and regular) guardianship and special (and regular) conservatorship to ensure mother’s assets were secure.
Clients’ granddaughter petitioned to appoint expensive professional guardian and conservator. Clients contested incapacity and especially did not want to pay for professional fiduciaries. Through negotiations with Opposing Counsel and discussions with our clients, we were able to find a suitable family member to serve and reached a full agreement, saving significant costs for all involved.
Client was accused of neglecting her incapacitated significant other. Though client had been with the significant other for over twelve years, other family members were appointed emergency guardians, and they promptly denied client’s visitation of the protected party. Through a contested hearing, we were able to successfully restore our client’s right to visit her beloved significant other.
Client and siblings were involved in heated dispute over proper care for aging mother. Through negotiations with Opposing Counsel and our client, we were able to reach a resolution where each sibling would contribute to mother’s care. The result substantially decreased the litigation, making the process far less expensive and tumultuous for all involved.
Client and sister disputed nominations for Guardian and Conservator of their aging mother. Through negotiations with Opposing Counsel and research regarding professional fiduciaries, we were able to reach a full resolution with all parties, including client’s mother. The agreement took a potentially multi-day hearing down to a matter of minutes. Judge complimented all involved on the congenial and professional result.
Client and siblings disputed ownership of home and probate assets. We were able to help guide our clients to a mediated resolution, saving them a significant amount of expenses as well as emotional turmoil, and allowing our client to retain the home.
Client and family members disagreed regarding whom to appoint as Conservator for minor. With Client’s thorough research and our knowledge of law, we were able to secure an appointment for our client’s choice of Conservator.
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