How to contest a will or trust

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How do we contest a will or trust ? How do we get a copy of both or one or the other?

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Posted by Anonymous
Asked on October 15, 2019 11:32 am
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Disclaimer: The response posted below is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.
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When someone dies in Colorado, the Will is required to be lodged by the custodian of the Will within 10 days of the date of person’s death. Depending on the trust and a variety of other factors, the trustee of the trust may be required to register the trust with the court. Alternatively, you can demand that the trust be registered in certain circumstances.

I highly recommend speaking with an estate planning or probate attorney before contesting trusts and wills as the process is complex and can have unintended consequences. For example, the trust or will may have an in terrorem or no contest clause in the trust instrument that creates a condition upon gifts and dispositions. Such a clause conditions a beneficiary's right to take the share provided to that beneficiary under the instrument upon the beneficiary's agreement to acquiesce to the terms of the instrument.

Finally, know that your claims may be barred by the passage of time so it is critical that you move quickly. If you would like a free consultation to speak with an attorney at our firm go to https://www.robinsonandhenry.com/locations

Disclaimer: The response posted below is based upon the information made available and is not intended as a full and complete response to the question. The only manner to obtain complete and adequate legal advice is to consult with an attorney. No Q&A posting or other communication will be treated as confidential from this website and does not create an attorney-client relationship.

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Posted by Bill Henry (Questions: 0, Answers: 7)
Answered on October 15, 2019 2:43 pm