Legal Question in Wills and Trusts in Colorado

Re: If I am not named as an heir in my mother's will...can I protest?

Whether you have rights to protest will depend on the Will itself. If it is clear that your Mother intended to not make any provision for you and if Colorado law applies, then you have no rights to protest. On the other hand, if that is not clear from the Will itself, you may have some rights that should be investigated.

Whatever you do, make sure that you engage the services of an experienced probate and trust lawyer in your area.

Re: If I am not named as an heir in my mother's will...can I protest?

The will can be overturned if you have evidence of undue influence, fraud or mistake, among others. The time for contesting a will in California (and probably in other states as well) is very short, so see a probate lawyer soon to discuss this.

Re: If I am not named as an heir in my mother's will...can I protest?

Did he exercise undue influence over your mother? Was your mother of sound mind when drafting the will? Were there previous wills in which you were named as heir? Please call me directly at (619) 222-3504 to discuss the details of your case.

Re: If I am not named as an heir in my mother's will...can I protest?

From the facts you give it's hard to answer. In order to contest a will the usual reasons are the incapacity to make a will (competence) and undue influence to make certain dispositions. You should at least look at the will and see how long ago it was made and if it meets the legal requirements. For undue influence and competency you need evidence from some outside source