Denver Contested Will And Trust Attorneys
Last updated on September 30, 2026
Contesting a will or trust means you are formally challenging the legal validity of the document in court. These disputes often arise when a family member believes the written plan does not reflect the true intent of the deceased. In Denver, Boulder, Steamboat Springs and throughout Colorado, Mahoney Law, LLC, provides the clear guidance needed to resolve these complex emotional and financial conflicts effectively.
Our firm supports individuals in need of dedicated advocacy during difficult inheritance disputes. We represent clients on either side of these cases by either challenging a will’s validity or defending it against claims. Our confident team of litigators focuses on protecting your rights and your family’s legacy.
What Is Needed To Challenge A Will Or Trust?
Only an “interested person” with a financial or legal stake in the estate has the standing to file a challenge. This typically includes heirs who would inherit under Colorado estate law or beneficiaries named in a previous version of the plan. The common reasons for contesting wills or trusts include the following:
- Undue influence: This occurs when a person in a position of trust exerts extreme pressure to overcome the free will of the deceased for financial gain.
- Lack of capacity: A challenge succeeds if evidence proves the person was not of sound mind or did not understand their assets when signing.
- Improper execution: Colorado requires specific formalities, such as two witness signatures, and failing these technical rules can render the entire document void.
- Fraud or forgery: You can dispute a will if someone used deceptive statements to trick the deceased or if the signature is not authentic.
These cases require specific evidence, like medical records or witness testimony, to prove the document is invalid. We carefully review how things stand to determine if we can settle the matter before moving into full Colorado estate litigation.
How Do You Contest A Will In Colorado?
If you plan on contesting a will in Colorado, you must determine your legal standing as an interested party. Having evidence that shows you are an heir or a prior beneficiary is crucial. Following that, identify the legal grounds that apply to your case. Then, submit an objection or petition to the appropriate District Court and notify all interested parties. If the decedent resided in the City and County of Denver, you must head to the Denver Probate Court.
While Colorado gives you the option to contest your loved one’s will, the process requires precision. Before you submit a will contest, we can evaluate your concern and help you establish a legal ground for a will contest. You can trust our team to assist in gathering evidence, and if litigation takes place, we are ready to represent you.
What Happens After A Will Is Successfully Contested?
A successfully contested will can result in the court invalidating the entire document. If a prior valid will exists, a judge may restore that and ensure the distribution of assets follows its terms. Without a prior valid will, the estate will have to follow Colorado’s intestacy laws.
The courts may void specific provisions that emerged due to fraud or undue influence. All other terms in the will remain valid, meaning that the heirs and beneficiaries should respect the decedent’s intent.
Why Is It Important To Hire An Estate Litigation Attorney When Contesting A Will Or Trust In Denver?
An experienced lawyer identifies the necessary evidence to build a strong case for the courtroom. Hiring an attorney can ensure the legal process is followed correctly and completely for the best outcome. Often, you only get one opportunity to contest a will or trust; if you file a document with the court before hiring an attorney, those actions can’t be undone and can harm your chances of success.
Our team brings 60 years of combined experience to ensure your trust litigation or will contest follows proper procedure:
- Case evaluation: We analyze the facts of your situation to see if a resolution is possible without a lengthy trial.
- Evidence gathering: Our team handles the discovery process by obtaining medical evaluations and financial documents that support your specific claims.
- Courtroom advocacy: We represent your interests during hearings to ensure the judge hears your side of the story clearly.
Working with us, the husband-and-wife team of Kevin S. Mahoney and Andrea N. Mahoney, means you get a personal approach from a smaller firm that limits its caseload. Andrea specifically has experience representing charities when others dispute a will that leaves money to those organizations.
Our Work In Action
2026 – After a 2-day trial, the court ruled in favor of our client on all issues and invalidated a will based upon both undue influence and lack of capacity. The opposing party made no offer of settlement prior to trial.
2026 – After winning a trial to invalidate a trust due to undue influence, and prevailing at the Colorado Court of Appeals, we succeeded in front of the Colorado Supreme Court in having the opposing party’s petition for writ of certiorari denied. The Colorado Supreme Court denied the petition after full briefing. Our attorneys handled the entire case at the trial court, Colorado Court of Appeals, and Colorado Supreme Court.
Protect Your Inheritance With Professional Legal Support
Securing your inheritance starts with understanding the Colorado probate process. To ensure all court requirements are met and your interests are fully protected, it is essential to have qualified legal representation on your side. Call Mahoney Law, LLC, at 720-502-9856 or fill out this contact form to schedule your initial consultation.