[CO] Can I sue the lawyer handling my father’s estate?
What should I do if it seems like the lawyer handling my father's estate is handling things strangely?
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You're thinking along the right lines.
- Since your father lived and died in Arizona and the estate is being administered there, it's usually best to hire an estate litigation attorney in Arizona. A local attorney will know Arizona probate/trust law, file petitions in the correct court (e.g., Maricopa or Pima County), and handle local procedures.
- A forensic accountant is a smart move if you suspect large sums are missing. They can trace funds, identify suspicious transactions or undervalued sales, and produce reports usable in court. Your Arizona lawyer can help you retain one or recommend someone.
What to look for in an Arizona lawyer: probate litigation / trust dispute experience; past work with forensic accountants; experience with breach-of-fiduciary-duty cases. Check the State Bar of Arizona and lawyer directories for candidates.
Helpful documents to gather now: a copy of the trust and/or will; any emails or texts with the trustee about the art/assets/estate decisions; any estate inventory, sale records, or appraisals; records of what was sold and for how much — especially for items like that sculpture.
Here are steps I recommend:
- Request full documentation
Ask the attorney for: a full inventory of the estate's assets; a detailed accounting of all sales, distributions, and expenses; copies of any appraisals, estate sale agreements, or communications with vendors or buyers. As a beneficiary (or interested party) you have a right to this information — reluctance to share is a red flag. - Review the trust and/or will
Get a copy of the trust document and/or will and review: how trustees are appointed, trustee powers/limits, the distribution plan, and any provisions about the art or specific gifts. - Investigate potential breach of fiduciary duty
Trustees owe duties of loyalty, prudence, and transparency (Colorado Uniform Trust Code (C.R.S. Title 15, Article 5)). Selling high-value artwork far below appraised value without consultation could be a breach. Her insinuation about insurance fraud is concerning and may be a deflection. - Consider legal action if necessary
You may be able to: file a petition to remove the trustee for cause; request a court-ordered accounting; or file a civil suit for damages if you can prove mismanagement or fraud (CO Rev Stat § 15-5-706).
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What should I do if it seems like the lawyer handling my father's estate is handling things strangely?
Lexi, Chatbot
I'm sorry to hear about the situation with your father's estate. Have you noticed any specific actions or decisions that concern you?
She was quick to make herself the trustee of the estate after my uncle declined, now there is possibly over a million dollars missing. Instead of sending my father's art collection to an art dealer as we had discussed, she put the art in the estate sale, which resulted in a $19,000 sculpture being sold for $5,000. When I questioned her about it, she said the appraised value was only for insurance, which implied that my father was trying to commit insurance fraud. And several other things.
Lexi, Chatbot
Are you currently in contact with the lawyer handling your father's estate about your concerns?
We email every once in a while.
Lexi, Chatbot
Is there anything else the lawyer should know before I connect you?
Yes.
Khari P., Esq.
Hello, I am KhariP — sorry to hear you have an issue. Hopefully, we can get this resolved quickly.
Thank you!!! I am in Colorado, and she is in Arizona, which is where my father lived (and died). Would it be beneficial for me to look into hiring another lawyer in Arizona? I've also thought about hiring a forensic accountant because I don't have much faith that she'll be forthcoming with documentation, etc., to me.
Khari P., Esq.
You're thinking along the right lines.
- Since your father lived and died in Arizona and the estate is being administered there, it's usually best to hire an estate litigation attorney in Arizona. A local attorney will know Arizona probate/trust law, file petitions in the correct court (e.g., Maricopa or Pima County), and handle local procedures.
- A forensic accountant is a smart move if you suspect large sums are missing. They can trace funds, identify suspicious transactions or undervalued sales, and produce reports usable in court. Your Arizona lawyer can help you retain one or recommend someone.
What to look for in an Arizona lawyer: probate litigation / trust dispute experience; past work with forensic accountants; experience with breach-of-fiduciary-duty cases. Check the State Bar of Arizona and lawyer directories for candidates.
Helpful documents to gather now: a copy of the trust and/or will; any emails or texts with the trustee about the art/assets/estate decisions; any estate inventory, sale records, or appraisals; records of what was sold and for how much — especially for items like that sculpture.
Here are steps I recommend:
- Request full documentation
Ask the attorney for: a full inventory of the estate's assets; a detailed accounting of all sales, distributions, and expenses; copies of any appraisals, estate sale agreements, or communications with vendors or buyers. As a beneficiary (or interested party) you have a right to this information — reluctance to share is a red flag. - Review the trust and/or will
Get a copy of the trust document and/or will and review: how trustees are appointed, trustee powers/limits, the distribution plan, and any provisions about the art or specific gifts. - Investigate potential breach of fiduciary duty
Trustees owe duties of loyalty, prudence, and transparency (Colorado Uniform Trust Code (C.R.S. Title 15, Article 5)). Selling high-value artwork far below appraised value without consultation could be a breach. Her insinuation about insurance fraud is concerning and may be a deflection. - Consider legal action if necessary
You may be able to: file a petition to remove the trustee for cause; request a court-ordered accounting; or file a civil suit for damages if you can prove mismanagement or fraud (CO Rev Stat § 15-5-706).
Perfect! Unfortunately, a lot of our communication at the beginning was over the phone, but I do have a lot of our emails starting about a month after his death. And I have copies of the will and some other documentation.
Khari P., Esq.
Great — those emails and documents will help. Do you have any more questions for me?
I don't think so! Thank you for making me feel like I'm not crazy for having concerns, and that my instincts about what to do were headed in the right direction!
Khari P., Esq.
No problem — good luck!
Thank you! I hope you have a good rest of your day!
Khari P., Esq.
You too!
Khari P., Esq.
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