More Than $6 Million Secured in Colorado Probate Dispute

Robinson & Henry secured more than $6 million for our client in a $15 million estate dispute involving a contested common-law marriage, resolving the case through mediation and avoiding a costly trial.

• Type of Case: Probate

• Legal Issue: Disputed common-law marriage and competing inheritance claims involving a $15 million estate.

• Outcome: Secured more than $6 million for the client through mediation, including $2 million more than initially offered, avoiding a costly and emotionally difficult trial.

Robinson & Henry’s knowledgeable attorneys give their professional insight in “From Our Perspective,” where we take a closer look at successful outcomes achieved for our clients.

When a Colorado woman’s son died, she believed she was his only heir. But as she began the probate process, she discovered someone else had already filed a case claiming to be her son’s spouse. The unexpected claim threatened to reshape the distribution of an estate valued at approximately $15 million.

Robinson & Henry Probate Senior Associate Megan Jury represented the deceased man’s mother in the complex estate dispute. Through a full day of mediation, Jury secured more than $6 million for her client, including $2 million more than the last offer received before mediation. The resolution also allowed the family to avoid a potentially lengthy and emotionally difficult trial.

Past results afford no guarantee of future results; each matter is different and must be judged on its own merits. Facts are those of an actual Robinson & Henry probate case. 

The dispute began when Jury’s client sought to open probate after her son’s death. She expected to handle his estate as his sole heir, but the existing probate proceeding revealed a competing claim.

“My client’s son passed away, and she believed herself to be the only heir of his estate,” Jury explained. “His father had passed. He did not have any children.”

The discovery that someone claimed to be his spouse changed the direction of our client’s case. Rather than simply administering the estate, the parties had to resolve whether a legally recognized marriage existed.

Colorado is one of eight U.S. states that recognize common-law marriage. Unlike a ceremonial marriage, which generally produces a marriage certificate, a common-law marriage does not. Proving a common-law marriage claim requires examining the couple’s relationship, conduct, and intent.

Jury said determining whether someone is common-law married is especially challenging because a romantic relationship or shared residence does not automatically establish a marriage.

“Our client knew that [their son] had a relationship and that they lived together, but under Colorado law, that alone is not sufficient to meet the common-law marriage standard,” she said.

The central question in a common-law marriage dispute is whether both people intended to enter a marital relationship.

“The overriding factor is, was there a mutual intent among the two parties to enter into a marital relationship, not just a cohabitation or a loving relationship, but a marital relationship?” Jury said.

To evaluate that question, Jury examined evidence showing how the couple understood and presented their relationship to others.

Factors a court may consider include:

• Tax filings: Did the couple file taxes as a married couple?

• Financial arrangements: Did they maintain joint bank accounts or share other financial resources?

• Estate planning: Did they identify each other as beneficiaries or make reciprocal estate plans?

• Medical records: Did they identify each other as spouses on hospital or other official records?

• Property ownership: Did they jointly own real estate?

• Public representations: Did they refer to each other as husband and wife on social media or in other settings?

• Ceremonial conduct: Did they exchange rings or participate in a ceremony that reflected their understanding of the relationship?

No single factor determines the outcome. Instead, the evidence must be considered to assess whether the legal requirements for a common-law marriage have been met.

In a probate dispute, that determination can have significant financial consequences. For families already coping with a loss, an unexpected claim introduces another layer of uncertainty.

Want to Learn More?  Read our complete guide on How to Prove Common-Law Marriage in Colorado to understand the evidence, documentation, and key requirements.

With millions of dollars involved, the parties faced an important decision: continue toward trial or attempt to negotiate a resolution through mediation.

Jury said mediation is an important option to consider in probate litigation because the costs of a dispute extend beyond legal fees and court proceedings.

“Litigation can be very expensive. But there’s also the emotional cost,” she said.

Probate cases often arise while families are grieving. Disagreements over inheritance, competing claims, and complicated family relationships can intensify an already difficult period.

Jury emphasized the importance of weighing the potential benefits of trial against its financial and emotional toll. A trial may provide a definitive court ruling, but it can also require substantial time, preparation, and expense without guaranteeing a particular result.

For her client, mediation offered an opportunity to pursue a favorable financial outcome while avoiding the uncertainty and strain of a trial.

The parties ultimately participated in a full day of mediation. During those negotiations, Jury secured an additional $2 million beyond the last offer her client had received.

The agreement resulted in more than $6 million for her client and resolved the dispute without a trial.

Disputes involving estates combine complicated legal questions with sensitive personal circumstances. In this case, an unexpected common-law marriage claim illustrates why understanding the specific issues that can arise in probate litigation matters.

Jury noted that attorneys must understand what evidence courts examine and how to present a case that addresses the relevant legal standards.

Our probate attorneys can help clients understand the evidence needed to support their position and consider whether negotiation or going to trial is the most practical path forward.

In high-value estate disputes, effective representation requires more than understanding who may inherit. It also requires developing a legal strategy that accounts for the facts, the applicable law, the financial stakes, and the personal impact on those involved.

For Jury’s client, that approach produced a multimillion-dollar resolution and helped her avoid a potentially painful courtroom battle.

When a loved one’s estate becomes the subject of a legal dispute, experienced guidance can help families understand their rights, assess their options, and work toward a resolution that protects their interests.

Contact Robinson & Henry for a consultation. Book online or call 303-688-0944.

Read this video’s full transcript:

Question: Megan, thank you so much for joining me today. Tell me more about this case and what happened after your client's son passed away.

Megan: Well, my client son passed away, and she believed herself to be the only heir of his estate. His father had passed. He did not have any children. She looked into opening his probate to handle his estate. Upon looking into it, realized someone else had already initiated the probate and was claiming to be his spouse, much to her surprise. 

Question: This case centered on a common-law marriage claim. What factors supported your strategy? 

Megan: Well, common law marriage is not a common issue. Colorado is one of only eight states that still recognize it, so it's an unusual fact pattern when it comes up.

And it is much more complicated than a marriage certificate that you'd have in a normal case. You have to really look into the factors of the relationship, the intent of the parties, so we had to look at it. Our client knew that they had a relationship and that they lived together, but under Colorado law, that alone is not sufficient to meet the common-law marriage standard.

Question: What are some of those factors that Colorado looks at to determine a common law marriage claim? 

Megan: The overriding factor is was there a mutual intent among the two parties to enter into a marital relationship, not just a cohabitation or, a loving relationship, but a marital relationship.

There are a lot of factors that the court can look at, so how they filed their taxes, did they file, as you know, a married couple, did they have joint bank accounts? Do they have, you know, reciprocal estate planning? Are they listed as beneficiaries? Do they name each other as spouse on hospital records? Do they own real property together? Looking at their social media posts, do they refer to each other as husband and wife?

Often in common law claims, we see people hold a ceremony and exchange rings. Those are all factors that that we look at to establish if there is a common-law marriage or the absence of one.

Question: How did you and your client weigh the potential outcome of a trial versus resolving this through mediation?

Megan: Mediation is always a factor we look at, especially in probate litigation. There are a lot of factors that go into a trial. There's time, there's expense. 

Litigation can be very expensive. But there's also the emotional cost. You're dealing with that, particularly in probate. You're dealing with the death of someone's loved one. With a lot of anxiety and family dynamics and conflict and a determination of if we can resolve this early on without a lot of expense and the emotional toll of, you know, a trial, that's always something to consider because the benefits may certainly outweigh the cost of going to trial.

Question: Ultimately, you were able to get your client $2 million more than the last offer. What was the outcome of this case? 

Megan: We did go to mediation and there had been some offers exchanged before that. Through a full-day mediation, we were able to obtain an additional 2 million beyond the last offer that we had received, to make it a successful mediation.

Question: Your client was able to avoid what could have been a very emotional trial. How important is it to have an experienced probate attorney on your side in cases like this? 

Megan: I think there are a lot of things that go into probate litigation that a general litigator may not know about, such as common-law marriage. It's an uncommon issue and can be a surprise when it pops up.

And if you don't have an attorney that knows sort of the ins and outs and details of what the court is looking for, you know, you can't present your best case. You need someone with that experience and background to help you.