Lawyers, Answer Questions  & Get Points Log In
Colorado Estate Planning Questions & Answers
2 Answers | Asked in Estate Planning, Family Law and Probate for Colorado on
Q: My dad passed and his wife claims that he said that my brother, my kids and I get nothing. Without any documentation.

When my dad was in the hospital, she would not let us see him to say goodbye and claims that he told her that his children and grandchildren get nothing, I finally received the family photo albums with missing pictures. She had only been married for 10 years and she even took the military flag... Read more »

Anita O'Meara
Anita O'Meara
answered on Nov 21, 2022

I'm sorry to hear of your loss and the difficult position you are in regarding your father's estate. Your question did not mention your jurisdiction or if there was a Will. In most states a Will is given priority for how personal property (the flag, jewelry, furniture, photos, etc.) and... Read more »

View More Answers

1 Answer | Asked in Contracts, Estate Planning, Landlord - Tenant and Probate for Colorado on
Q: How do I revocate a contract / remove the trustee from trust/estate/property/etc.??

Acting as Durable POA for my incapacitated father, (with no limitations at all) - him being grantor of 1/2 a living trust within the family, I have been rejected 90% of the time I make a decision "as if I were him". Trustee will not respond to me at all or respect any of my father's final wishes

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 20, 2022

I think you need to determine if the trust is revocable or irrevocable. If it is an irrevocable living trust then you may not have the authority to do anything as that authority may rest with the trust administrator. I am in no way an expert in trusts but you may be able to find some information... Read more »

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Native American Law for Colorado on
Q: Should I sell my interest

I have trust land and the tribes want to buy my interest and conveyance for something

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 19, 2022

Afternoon,

I think you need to get in touch with an attorney specializing in Indian law for your specific tribe. I used to work in oil and gas in a none legal capacity and know there are different levels of ownership within the tribe. I think it would depend if you are an owner, have a...
Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: Half brother and sister are fighting about the fathers estate the brother died!

The women he was living with says common law wife and wants half of the estate, can she do this?

Tim Akpinar
Tim Akpinar
answered on Oct 18, 2022

A Colorado attorney could advise best, but your question remains open for three weeks. Your question probably went unnoticed under this general heading. You could try reposting under the "Probate" and "Estate Planning" headings. If still no response, you could reach out to law... Read more »

1 Answer | Asked in Estate Planning for Colorado on
Q: want to get out of co-ownership of house in Colorado Springs. My sister and brother are co-owners

My brother lives in the house. I want him and my sister to be co-owners . How do I get out of this situation the simplest way possible. Am willing to sell it to my sister for $1.00 or whatever is required.

Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Oct 3, 2022

You need to talk to an attorney ASAP. Believe it or not, you may be in a really good situation since you all currently agree. Once, everyone disagrees it becomes a nightmare.

If you want off the property, you may be able to sell or gift your interest to them. Either way, you want a...
Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Colorado on
Q: i have a question, i live in colorado and i was reading that a trust must be registered with the county of residence

this is a revocable trust however it says only irreevocable trusts must be registered with the county

Nicholas M Klimas
Nicholas M Klimas
answered on Sep 15, 2022

Your revocable trust does not need to be recorded or registered anywhere. There used to be a statute, that has since been revoked, that required irrevocable trusts to be recorded. This is no longer a requirement.

Upon a Trustors death, during administration, there may be a need to file the...
Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: What requirements apply in CO to notify/escrow money to a benef/sib who has left the state/country, & is out of touch?

I am executor of my mom's will/trust. One of two siblings has left the state and possibly the country, and there is no communication on his part, despite our family's efforts. What must I do to satisfy Colorado's requirements to notify him and escrow inheritance? How long must I wait... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Sep 11, 2022

As a general rule in Colorado, C.R.S. § 15-12-705 sets the expectations for notifying a beneficiary or likely heir to an estate. The code states, in part, "the information shall be delivered or sent by ordinary mail to each of the heirs and devisees whose address is reasonably available to... Read more »

2 Answers | Asked in Estate Planning for Colorado on
Q: Hello, does my POA for my mom allow me to open a trust account for her at a bank? Thanks,
Michael Joseph Larranaga
Michael Joseph Larranaga PRO label
answered on Aug 26, 2022

I agree with Ms. Whitehurst. A POA can grant different levels of authority. Some POAs may permit the user to take financial action while others may not.

View More Answers

2 Answers | Asked in Estate Planning and Probate for Colorado on
Q: My mom's will was made by an attorney in El Paso County who has since died. There were two witnesses and a notary.

She has died in Oregon where that is not a sufficient will, and requires an Affidavit of Witness/Genuine Sig. Since the attorney who witnessed has died and I can't locate the notary (may also be gone, since it was 1998), is there any way to track down legal records/proof from a now-closed law... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 24, 2022

Contact a competent OR attorney and see if Probate is needed, and if so, whether the alleged Will would make a difference. If necessary, you may be able to Probate somewhere the Will is valid. But most likely she will die intestate, probate or not.

View More Answers

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: What do i do to object to my brother trying to become my dead dad's personal rep.

His son is already dad's personal rep.. Dad told him he didn't want him to be his rep. And dad said another nephew would be acceptable. I got court papers from utah.

Kevin Michael Strait
Kevin Michael Strait
answered on Jul 26, 2022

In Colorado, the most common ways to be personal representative ("PR") for the estate of someone that passed away are (1) to be nominated as PR in the will, or (2) to be a relative of the deceased person who applies to be PR.

In the first method, the will might name a PR and...
Read more »

2 Answers | Asked in Estate Planning for Colorado on
Q: Hi there. This is a Colorado question. General or durable financial POA. Thank you kindly!

Can someone in Colorado who is a financial POA with no restrictions contact the principal's insurance company to find out if the principal has paid their premiums?

Kevin Michael Strait
Kevin Michael Strait
answered on Apr 13, 2022

In Colorado, a general power of attorney (PAO) gives broad powers to the "agent" allowing the agent to do things on behalf of the "principal". Common tasks are financial transactions, real estate transactions, paying bills, opening mail, and signing documents. The agent only has... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Colorado on
Q: How do I write a will and give one daughter 90% of my estate and the other daughter 10%,

My husband passed away in November of 2021. When he died he left everything to me, which included 5 income properties, 2 businesses and several antique vehicles. I need to do a will for myself now. I have 2 daughters, but one of my daughters is living on public assistance and she’s disabled. I... Read more »

Kyle Grabulis
Kyle Grabulis
answered on Mar 15, 2022

For your two daughters, specifying how much you would like to give each of them (90% to one, and 10% to the other in this case) is almost as simple as saying just that in a properly executed will. Wills can leave what are called "bequests" to different individuals, and you can specify... Read more »

1 Answer | Asked in Estate Planning, Collections and Health Care Law for Colorado on
Q: If my husband died in the hospital, in Colorado, am I responsible for his medical bills?

All the bills are in his name only - I had not signed anything.

Kyle Grabulis
Kyle Grabulis
answered on Mar 11, 2022

Generally speaking, you are not responsible for the debts of another person, even if its your husband's medical bills as in this case. Since they are in his name only and you did not sign anything personally guaranteeing payment, you are not responsible for that debt.

However, your...
Read more »

1 Answer | Asked in Estate Planning and Family Law for Colorado on
Q: If I inherited money and placed that money in my husbands bank account that only has his name on it.

Then give that money to his mom to buy us a house. Now separated and she sold the house and we are goin through a divorce. Am I entitled to all the money back. Or do I need to split it with my ex husband. Do inheritance laws prevail or are they trumped once I deposited that money into his account

John Hyland Barrett III
John Hyland Barrett III
answered on Feb 11, 2022

That money has become marital property. It is now subject to an "equitable" distribution. This means a "fair" division, not necessarily an "equal" division. You should get lawyer to help you with this.

1 Answer | Asked in Estate Planning for Colorado on
Q: How do you remove someone from a deed and car title that you no longer want them on it and they want to contest it.

My dad wants to remove my son from deed and titles. He has had to get a protection order against him. My mom wanted him on the deed and titles. My mom has passed and my dad wants to cut him out of everything.

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 11, 2022

Colorado recognized joint ownership of vehicles. Check with the rules for your county; try typing in the name of your county/state and "joint vehicle registration" for help. For example, our office is in Larimer County, which posts this information:... Read more »

3 Answers | Asked in Estate Planning and Probate for Colorado on
Q: When my husband dies do our assets need to go through probate?

Live in Colorado. Assets worth $130,000. All jointly owned. No real property. He has 1 child from another spouse. No will or trust

Kristine Evers Stinson
PREMIUM
Kristine Evers Stinson
answered on Feb 9, 2022

As with so many answers about estate planning issues, the answer is "it depends", and how to proceed depends on you and your spouse's wishes. It is very possible to avoid probate or be able to use a much simplified process of probate but it generally depends on what those assets... Read more »

View More Answers

1 Answer | Asked in Estate Planning for Colorado on
Q: I want to change my trust document to give my corporation to a person upon my death.

I want to change my trust document to give my corporation to a person upon my death. How do I complete the sentence?

If assets of XYZ Consultants are a part of the Trust Estate Trustee shall

Kevin Michael Strait
Kevin Michael Strait
answered on Feb 3, 2022

Closely-held corporations in Colorado own assets in the name of the company even if the company is owned and operated by one person or a family. To use your example, the assets of XYZ Consultants would remain in the business if the owner of a single-member LLC died. Only if the business is... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: With no will , if I pay off my brothers truck loan will the truck become mine or does it have to go to his estate?

His estate is in probate and nobody was beneficiary on truck loan . But has 2 kids that dont want the truck and cant pay off the loan.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 23, 2022

You can make an offer to buy the truck from the estate for an amount equal to the amount to pay off the loan. Make sure the estate does in fact use the cash to pay off the loan, of course.

1 Answer | Asked in Estate Planning for Colorado on
Q: Must a living trust mention future proceeds from accounts where the trust is the beneficiary (life ins, POD acct, etc.)?

I understand that a living trust must be funded, for example, by assigning interest in tangible property, assigning vehicle title, changing ownership of financial accounts to the trust, and that these items are listed as the property of the trust. My question is about assets that would transfer to... Read more »

Kevin Michael Strait
Kevin Michael Strait
answered on Jan 22, 2022

In Colorado, all trusts have four moving parts: a creator, a manager, a beneficiary, and some valuable assets. The valuable assets in the trust (called the "res" in some legal reference materials) are often just listed as "a dollar, and any other assets transferred in the... Read more »

1 Answer | Asked in Estate Planning and Probate for Colorado on
Q: In Colorado, a Will can be notarized without being signed by witnesses. Is such a will considered "self-proving"?
Kevin Michael Strait
Kevin Michael Strait
answered on Jan 17, 2022

In Colorado, a self-proving will must conform to Colorado Rev. Statute § 15-11-504 and does require two witnesses. Any will, notarized or not, that did not have witnesses is not self-proving. While it is possible to form the self-proving feature after a will is otherwise formed, it is most common... Read more »

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.