DENVER PROBATE ATTORNEYS READY TO ASSIST YOU TODAY

Efficient and Cost-Effective Probate Services in Denver

At Ball Morse Lowe PLLC, our Denver estate planning and Denver probate attorneys provide professional legal counsel and knowledgeable representation to individuals and families involved in the probate process, including estate administration, trust administration, and various probate litigation matters. We represent executors, personal administrators, and trust administrators, advising them on how to appropriately comply with their duties in regard to the deceased party's estate to avoid a breach of fiduciary duties. Our law firm also represents heirs and beneficiaries who disagree with the executor's, administrator's, or trustee's actions, alleging breach of fiduciary duty, or other wrongdoing that results in probate litigation.

Ball Morse Lowe assists clients in Colorado counties and the Denver metro area with several valuable legal services, including:

Traditional Estate Administration 

The estate administration process can become complicated, depending on the complexity of the estate itself, as well as if any probate court matters arise. Even if the estate administration process does not become complicated, it can be time-consuming and stressful for the personal representative. The probate process has several required steps that a personal representative must take. Unfortunately, even if the personal representative fulfills their obligations and follows probate law as required, this does not mean that all of the family members will be happy. This often leads to more added stress. A probate attorney can help by guiding the personal representative through the estate administration process as well as attending the court proceedings. Having the certainty of legal advice from a probate lawyer can make the probate process less stressful.

Small Estates and Summary Proceedings 

A Denver probate attorney can also assist you if the estate qualifies as a small estate or for a summary proceeding. Although small estates do not require the full probate process, that does not mean that everything will be perfect. Small estates have specific requirements, including the requirement that the estate cannot have any real estate. Even in cases where it is possible to completely avoid probate, that does not mean that family members of the decedents will be happy with your actions as personal representative - even if you are following a will.

If you believe you have a small estate, one of our probate attorneys with years of experience can help you with your estate planning needs and answer your questions about how to best protect your assets.

Nonresident Estates 

Ball Morse Lowe's probate attorneys can also help with estate administration and trust administration that occurs in other states, in cases when a source of income in Colorado requires a state income tax return for a Colorado resident. This is known as a nonresident estate. Nonresident estates provide Colorado residents a break from the gift tax from property transfers caused by gifts. For example, if an estate or trust from another state provides real estate, money, or other assets to a Colorado resident, Ball Morse Lowe's probate lawyers can assist clients with this type of probate matter to help minimize the tax implications for the beneficiary.

Settling Debts and Distribution 

Before the heirs may collect from the estate, the personal representative is required to settle the debts of the estate. Dealing with creditors of the estate is one of the most stressful parts of the probate process. Under probate law, creditors have a specific amount of time to file a claim against the estate. The personal representative must determine whether the claim is legitimate. Depending on the size of the estate - as well as the number of claims - it is the responsibility of the personal representative to settle with the creditors even if the debts cannot be paid in full, and to distribute the payments. If a creditor is not content with the treatment of their claim, they may decide to file an objection, which would start a probate litigation issue.

Regardless of whether a creditor objects or not, settling debts can be quite stressful. A Denver probate attorney can contact creditors on your behalf and work to settle debts. They can also represent you in the event that probate litigation occurs.

Will Contests and Trust Claims 

Perhaps you are a personal representative who is merely seeking to follow the instructions left in the will of the decedent and need a law office or a probate attorney to help you. Or maybe you are an heir or named beneficiary. Whatever your situation, at Ball Morse Lowe, PLLC, we offer the services of several experienced litigators who do not shy away from taking probate-related disputes to trial, when such a course is in the best interest of our client. We handle probate litigation involving will contests, trust disputes, and other contentious issues. Whether an heir claims lack of testamentary capacity or questions of undue influence are raised, we have the skill to effectively advocate for justice.
Our Denver probate attorneys also assist clients during the estate planning process to minimize both will contests and trust claim litigation by drafting wills and trusts with proper language that minimizes and discourages probate litigation.
From explaining the Colorado probate process to guiding clients through the paperwork and attending the court proceedings, we are here to remove the stress and uncertainty often associated with the probate process.

Tax Returns 

The personal representative is also required to complete the final tax returns for the estate as well. Even if the estate is small enough that it isn't required to pay the federal estate tax, there is still a legal requirement to complete tax returns for the decedent. Failure to do so would be a breach of fiduciary duties as the personal representative under probate law.

Because of the unique nature of probate law and the probate process, completing tax returns can be tedious, stressful, and difficult - especially if you’re not familiar with the procedures. A Denver probate attorney can help you with the tax returns for the estate.

If you have a larger estate and need to plan to minimize estate taxes or if you are looking to minimize gift taxes or other forms of estate taxes, Ball Morse Lowe is here to help. Schedule your free consultation now.