Legal Question in Wills and Trusts in Colorado
Contesting a will
My mother died a year and a half ago, she left the bulk of the estate to my brother which included a farm, mineral rights, and equipment and buildings to continue the operation of the farm. She left my sister and I the personal property and any residual property. My brother was appointed the personal representativ. However, because he would not carry out the duties and probate the will, my sister went back to court and was then appointed the personal representative. We have just learned that my brother is suspected of operating a meth lab in my mother's house located on the farm and allowing toxic waste to be buried on the farm. If he is charged and/or convicted, do we have suffient cause to over turn the will?
2 Answers from Attorneys
Re: Contesting a will
Unfortunately, your brother's conduct would not establish grounds to contest your mother's will.
Re: Contesting a will
You may have cause regardless of his legal troubles to contest the Will. You will want to take immediate steps and hire an attorney experienced in a Will Contest. One of several grounds may involve undue influence exercised by your brother. Another might be that the Will was involuntarily signed by your Mother if you brother is the criminal that you allege.
In any event, you should immediately engage qualifed counsel to assist you. There are deadlines that you must adhere to, otherwise, any legitimate claim that you may have could be extinguished.
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