Legal Question in Wills and Trusts in Colorado
Is a contested will decided by a judge or a jury?
My sister and I intend to contest my late father's will (it awards the estate to my father's sister), based on his lack of competence. He died less than two weeks ago. If the case winds up in court, would it be decided by a judge or a jury? What is the typical length for such a proceeding?
2 Answers from Attorneys
Re: Is a contested will decided by a judge or a jury?
Having a judge or jury decide your case will be a litigation strategy that you should discuss with your lawyer before you attempt to even bring a case. Be aware that there are time limits that affect your claim and you should seek immediate advice from an experienced trusts and estates lawyer before you do anything further. These proceedings can take months and even years before all litigation is final. These types of cases can be very expensive and there is no assurance that you will find counsel willing to handle the case on a contingent fee.
Seek the advice of experienced counsel immediately.
Will contest
Louise Aron
Attorney at Law
Lakewood Office:
1536 South Ingalls
Lakewood, Colorado 80232 USA
(303) 922 7687
fax (303) 922-1370
Cherry Creek Office:
300 South Jackson #100
Denver, Colorado 80209 USA
(303) 780-7339
Satellite offices:
Boulder - 4450 Arapahoe Avenue, #100
DTC - 4610 South Ulster, #150
A TOLL FREE NUMBER is available to clients outside the Denver metro area.
web site http://effectnet.com/la/
email [email protected]
LawGuru User
Dear LawGuru User:
I am unfamiliar with jury trials being used at all in probate court and would need to do research to determine whether a jury trial is available in a will contest.
Without additional research, I would opine that jury trials are not available in such cases.
I do not do probate litigation, but I do counsel my clients to exercise great caution before they enter into litigation, including will contests. These cases are complex matters that can go on for months, even a year or longer depending upon the tactics used by the attorneys involved. Therefore it is important to do a cost-benefit analysis before commencing such a suit, taking costs to include money, stress and the investment of time and energy.
Please contact me if you would like additional information.
Thank you for contacting LawGuru.
Sincerely,
Louise Aron
Attorney at Law
web site http://effectnet.com/la/
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