Rights of the Beneficiary


Beneficiary Rights Attorneys in Colorado

A beneficiary is someone who stands to benefit from the act of another. In the case of a will, a beneficiary receives specified property designated by the maker of the will (the testator). In the case of a trust, a beneficiary is someone who has a present or future interest in the assets held in trust (the trust res). Personal representatives and trustees owe the beneficiaries certain fiduciary duties of honesty, prudence, and loyalty. This fiduciary duty, while required to be carried out under Colorado law, unfortunately, is not always satisfied.


In fact, oftentimes personal representatives or trustees will intentionally try to deny a beneficiary what he or she is owed. In other cases, denial of the rights of a beneficiary comes down to a simple matter of mismanagement or lack of understanding by the fiduciary. Even more common are cases which fall within the “gray area” in between these extremes, where the facts and explanations are not entirely clear, or simply “do not add up.” Regardless, in all of these situations, the beneficiaries are denied what is rightfully owed to them.


However, when a personal representative or trustee’s negligence or intentional act results in a financial loss to an estate or trust, the Court can remedy the situation through a monetary award against the fiduciary or others involved in the wrongdoing. Furthermore, the probate Courts in Colorado can remove the personal representative or trustee for good cause shown. In such Court proceedings, competent and aggressive legal counsel is critical for success.


At the University Law Center, our attorneys specialize in providing advocacy and representation to beneficiaries with regard to the following issues:


  • Failure to properly account for estate or trust assets
  • Failure to make prudent investments on behalf of the estate or trust
  • Commingling estate or trust assets with the fiduciary's personal assets
  • Loss, destruction, or waste of estate or trust assets due to negligent administration
  • Failure to keep beneficiaries reasonably informed
  • Lack of communication with beneficiaries
  • Favoring one beneficiary over another
  • Removal of personal representative or trustee
  • Failure to obtain fair market value in liquidating estate or trust assets
  • Abuse of a power of attorney with respect to financial or medical treatment decisions
  • Excessive compensation of personal representative or trustee
  • Undisclosed conflicts of interest or self-dealing by personal representative or trustee
  • Theft, misappropriation, or concealment of estate or trust assets
  • Breach of fiduciary duty
  • Failure of personal representative or trustee to abide by Court Order(s)
  • Conversion
  • Fraud

If you have been unfairly denied what is owed you, received less than you deserve, or have been the subjected to any of the foregoing, the University Law Center may be able to help you. Many of the legal and factual aspects of these cases are complex and our experience in this area has enabled us to resolve a large number of beneficiary rights disputes in favor of our clients – contact one of our attorneys today for a free initial consultation and case evaluation.


Colorado probate, estate, and trust lawyers serving the communities of: Denver, Boulder, Aurora, Broomfield, Pueblo, Lakewood, Fort Collins, Englewood, Littleton, Arvada, Brighton, Longmont, Loveland, Northeast Jefferson, South Aurora, Durango, Castle Rock, Commerce City, Grand Junction, Greenwood Village, Evergreen, Wheat Ridge, Parker, Larkspur, Colorado Springs, Greeley, Glenwood Springs, Lafayette, Windsor, Fort Morgan, Southwest Arapahoe, Thornton, Westminster, West Adams, Highlands Ranch, Northglenn, Golden, Breckenridge, Vail, Aspen, Steamboat Springs.


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